Plaintiff

A is the deceased E (hereinafter referred to as “the deceased”), and the children between the deceased and the plaintiff, and the defendant is the father of the deceased.

On March 16, 2014, the deceased died and succeeded to the deceased. The Defendant received a legacy by universal title of the deceased’s property according to the deceased’s will.

[Ground] In the absence of dispute, Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 and 1 (including the number of branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings, since the plaintiffs' right to the legal reserve of inheritance was infringed upon by the plaintiff's universal legacy to the defendant, the plaintiffs seek the return of the legal reserve of inheritance according to their shares in inheritance

The affirmative inherited property of the deceased is KRW 1,316,161,084, the inheritance obligation is KRW 642,942,793, and the property which forms the basis for calculating the legal reserve of inheritance is KRW 673,218,291, which deducts the inheritance obligation from the positive inherited property.

Therefore, the shortage in the legal reserve of the Plaintiff A is KRW 144,261,062, the shortage in legal reserve of inheritance of the Plaintiff B and C is KRW 96,174,040, respectively.

In addition, the Defendant shall pay the Plaintiff KRW 33,773,120, the sum of KRW 32,860,000, KRW 557,000, which is the value of corporeal movables owned by the Plaintiff A, and KRW 356,120, which is the value of the deceased’s mobile phone termination cost, to the Plaintiff B, and shall pay KRW 145,000, which is the value of corporeal movables owned by the Plaintiff B.

Therefore, the defendant should pay to the plaintiff A KRW 178,034,182, and KRW 96,319,040, and KRW 96,174,040 to the plaintiff C.

The shortage in the calculation method of the plaintiffs' legal reserve of inheritance in the judgment on the claim of legal reserve of inheritance is calculated as follows, with the property specified as the basis of calculating legal reserve of inheritance at the time of the commencement of inheritance following the death of the deceased.

The shortage in legal reserve of inheritance = [A] basic property (A) 】 Plaintiffs’ special benefit (C) - Plaintiffs’ net inheritance amount (D) - Korean civil law is about the method of returning legal reserve of inheritance.