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1. Defendant B: (a) KRW 96,500,000 within the scope of the property inherited from the deceased C; and (b) March 22, 2016.
Reasons
1. The Plaintiff’s assertion was awarded a contract for the construction of a site for D forest land in Namyang-si, Namyang-si. On July 10, 2014, the Plaintiff prepared a contract for construction works and did not receive KRW 96.5 million out of the total construction cost of KRW 236.5 million.
Accordingly, the defendant A and C who solely inherited the development of housing for electric source on the land of the forest above are seeking the payment of the unpaid construction cost.
2. Determination
A. According to the purport of the entire statements and arguments in Gap evidence Nos. 1, 2, 8, 9, 10, and Eul evidence Nos. 1, and Eul evidence Nos. 1, 1, 2, 8, 9, 10, and 100,000 won for the above construction work to the plaintiff, and the contract price of KRW 236,50,000,000 for the construction work, and KRW 14,500,000,000 for the above construction work, ② The plaintiff died on May 5, 201, and the defendant Eul died on his/her sole inheritance, ③ The defendant Eul filed a report on the re-approval of the Seoul Family Court Decision No. 2015,5492, and on September 2, 201
(2) Therefore, Defendant B is obligated to pay the unpaid construction cost of KRW 96,500,00 within the scope of the property inherited from C (i.e., KRW 230,65 million - KRW 140,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 22, 2016 to the date of full payment, which is the day following the delivery of the complaint in this case.
B. (1) According to the purport of the written evidence No. 4 and the entire pleadings as to the claim against the defendant A, the defendant A, on December 23, 2010, shall be given a 50% share of the principal and profit when the development is completed, with respect to the real estate development project as in C, and 50% of the real estate development project as in December 23, 2010. The defendant A waives the source of investment and gives up all the property rights related to the investment when he/she voluntarily transfers the ownership under his/her own name according to the qualification for acquisition of farmland.”