The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. As to the third ground for appeal

A. 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 (if the benefits have been provided under the so-called triarch relationship), not only the benefits have been provided to the other party to the contract, but also benefits have been provided to the other party to the contract.

Therefore, either party to a contract cannot file a claim for return of unjust enrichment against a third party on the ground that he/she received payment without legal grounds.

In such a case, if a party to a contract can make a direct request for return of unjust enrichment against a third party on the ground that the contract was defective, such as invalidation, etc., in a legal relationship between a person causing the performance of a contract against the contracting party or the contract was cancelled, it would not only bring about a result contrary to the principle of contract law by transferring the risk burden under a contract concluded under his/her own responsibility to a third party, but also unjust because a third party, the beneficiary, has infringed

(Supreme Court Decision 2001Da46730 Decided December 26, 2003, and Supreme Court Decision 2013Da55447 Decided July 11, 2017, etc.) B.

The judgment below

According to the reasons and records, the following facts are revealed.

(1) On October 10, 2008, C concluded the instant sales contract with respect to No. 1110 among the above main complex buildings, which was a construction company and a construction company for Acheon-si Construction Co., Ltd. (hereinafter “Acheon-si Construction”), and a construction company for the construction of a main complex apartment building on the land of 189m2 and 4m2 (hereinafter “instant main complex building”).

(2) Acheon Construction was deposited the sales price under the instant sales contract into the fund management account opened in the name of the Defendant, a real estate trust company.

This is.