유류분 반환
1.(a)
Defendant C’s KRW 8,605,785, Plaintiff B’s KRW 13,380,109, and each of them from October 15, 2019.
1. On January 31, 1954, the basic facts E had married F with F on January 31, 1954, and had Nonparty G, Plaintiff A, Defendant C, Nonparty H, Plaintiff B, and Defendant D as their children.
E died on March 12, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The calculation method of shortage in the legal reserve of inheritance and the heir of the related legal principles can recover the shortage when there are shortages in the legal reserve of inheritance due to the gift or testamentary gift of the inheritee, and the shortage in the legal reserve of inheritance is calculated as follows:
Shortage in the legal reserve = [A] 】 Special profit (C) at the person entitled to the legal reserve of inheritance ] - The net contribution (D) at the person entitled to the legal reserve of inheritance ] A = positive inherited property (including donated property - the amount of inherited property - lineal descendants and the spouse of the inheritee 1/23 = the increased amount of inheritance at the person entitled to the legal reserve of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of
B. Legal reserve of inheritance (A) is calculated on the basis of the amount calculated by adding the value of donated property to the value of the property at the time of the commencement of the inheritance of the inheritee and deducting the amount of inherited property from the amount of inherited property. In cases where there are persons among co-inheritors who make special profits by means of a pre-sale donation of property from the inheritee, the application of Article 1114 of the Civil Act is excluded, and the donation is calculated on the basis of basic property for calculation of legal reserve of inheritance regardless of whether the donation was transferred one year prior to the commencement of inheritance, and whether both parties knew that damage would be inflicted on. The value of donated property, which is the basis of calculation of legal reserve of inheritance, shall be calculated at the price at the time of the commencement of the inheritance of the decedent’s death (see, e.g., Supreme Court Decision 2006Da28126, Jul. 23,