The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. In a case where a party to a contract directly provides a third party who has a different contractual relationship with the other party by shortening the process of performance through instructions, etc. of the other party to the contract (in a case where the benefits have been provided in a deceptive relationship), and the benefits have been provided to the other party to the contract as well as the benefits have been provided to the other party to the contract. Thus, either party to the contract may not file a claim for return of unjust enrichment on the ground that he received the benefits from the third party without legal grounds.

In such a case, if one of the parties to a contract directly claims a return of unjust enrichment against a third party on the ground that the contract becomes null and void, etc. or the contract was cancelled, it would not only transfer the risk burden under a contract entered into under his/her own responsibility to a third party, which would result in a violation of the principle of contract law, but also unjust because the third party, the beneficiary, has infringed the right of defense, etc. against the other party to the contract.

(See Supreme Court Decision 2006Da46278 Decided September 11, 2008, etc.). 2. Reviewing the reasoning of the lower judgment and the record reveals the following facts.

On April 8, 2010, in relation to the construction of a new building on the instant site, the Subdivision Construction Co., Ltd. (hereinafter referred to as “Woos Construction”) concluded with the Defendant a sale management trust contract with the content that the Defendant entrusts the site to the Defendant.

B. On November 29, 201, Dogr Construction entered into a contract with the Defendant, the Si Construction Corporation, the Ethical Comprehensive Construction Company (hereinafter “Ethical Comprehensive Construction”), the Japanese Agricultural Cooperative, the lending financial institution, and the change of agency work agreements and agency work contracts (hereinafter “agency work contracts”).

According to the above agency business contract, Hands construction receives the sales revenue of the above building.