1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Facts of recognition

A. The deceased C died on May 1987, and his heir is wife D (Death on March 2012), Mamama (the father’s father’s father’s father’s husband’s husband’s husband’s husband’s wife’s husband’s husband’s wife’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s

B. The net C is the south of the Dong K, who died on May 1982, and the J is the birth of the original Defendant, as the births of the net K and the south of the network C.

C. The compensation was deposited due to the expropriation of the land owned by the network K (Tgu District Court resident settlement support 2013Hun-787), while J delegated the Defendant to receive KRW 43,001,885, equivalent to his/her inheritance shares.

The Defendant received the above money on August 12, 2014, and remitted the amount of KRW 4,300,000 to J, and currently has KRW 38,701,885 (hereinafter “instant land compensation”).

[Reasons for Recognition] A, Gap evidence Nos. 1, 4 (including additional numbers), Eul evidence Nos. 5, and the purport of the whole pleadings by the plaintiff's argument that the parties to the lawsuit entrusted the defendant with the receipt of deposit money, and the deceased C's heir divided the money according to the legal inheritance shares.

In other words, the J and the Defendant concluded a contract for a third party with a beneficiary as the heir of the deceased C, and the Plaintiff, the heir, expressed his/her intent of profit, so the Defendant is obligated to pay to the Plaintiff delay damages for the period from August 12, 2014 to the day of full payment, which the Defendant received the above money, to the Plaintiff, inasmuch as the Plaintiff expressed his/her intent of profit: KRW 8,749,91 (=38,701,85 won x 26/115) equivalent to the statutory inheritance shares of 26/115.

If the JJ of the Defendant’s argument requests the return of the land compensation of this case, it shall return the money, but the Plaintiff has no right to seek a partial payment of the land compensation according to the statutory inheritance shares.

Judgment

Article 539(1) of the Civil Act provides that "If one of the parties has agreed to perform to a third party by contract, that third party may directly request the debtor to perform the contract."