1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff, an incorporated foundation that sells and manages cemeteries for the purpose of the installation, maintenance, and management of a park cemetery, created a 158-33 Kannam-ro 158-33, a new park on the face of the wife population, and sold and managed the cemetery.

B. On June 24, 1977, the Defendant entered into a graveyard use contract with the Plaintiff regarding “B (40 square)” (family funeral, hereinafter “instant graveyard”).

A deceased C or deceased D, the parent of the defendant, was buried in the cemetery of this case on July 4, 1977.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. When the primary assertion Defendant entered into a contract on the use of the cemetery of this case, he agreed to make advance payment every five years, and accordingly the Plaintiff has managed, maintained and repaired the cemetery of this case. Accordingly, the Defendant is obliged to pay the sum of the unpaid management expenses, KRW 5,974,200, and the delay damages therefrom in accordance with the above agreement.

B. Even if the agreement on the payment of management expenses is not acknowledged among the conjunctive claimant's family members, since the plaintiff was responsible for managing the cemetery of this case as a good manager until now, the defendant is obligated to reimburse the plaintiff the expenses equivalent to the management expenses of this case pursuant to Article 739 of the Civil Act, or the plaintiff was provided with the service of managing the cemetery without any legal ground, thereby incurring losses equivalent to the management expenses, and the defendant was obligated to return them as unjust enrichment.

3. Determination as to the cause of action

A. It is insufficient to recognize that the Defendant agreed to pay the cemetery management expenses every five years at the time of concluding the contract for the use of the cemetery of this case only with the descriptions of evidence Nos. 1 and 3 as to the determination of the primary claim, and there is no other evidence to acknowledge otherwise.

(e).