유류분반환
1. The defendant is against the plaintiffs:
(a) 75,125,350 won each and 5% per annum from July 11, 2014 to January 15, 2015.
1. Basic facts
A. G (hereinafter “the decedent”) had the Plaintiffs, the Defendants, I, and J as their children between H and H, and died on November 9, 2012.
B. On December 30, 2003, the inheritee acquired the registration of ownership transfer for the reason of the gift dated 23, 2003 with respect to each real estate listed in the [Attachment List Nos. 2 through 13 (hereinafter “real estate”). On March 26, 2004, the inheritee completed the registration of ownership transfer for the Defendant on December 23, 2004 on the real estate Nos. 1445, and completed the registration of ownership transfer for the Defendant on December 23, 2003.
C. Property owned by the decedent at the time of the decedent’s death is an annex 15 through 20. On May 20, 2014, the current market price is KRW 417,50,360, the aggregate amount of KRW 15 real estate 3,750,000, and KRW 16 real estate 156,512,947,000, Nos. 1788,533,360, Nos. 199 real estate 147,40,360, and KRW 20 real estate 6,352,00.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 1 (including paper numbers), appraiser K's appraisal result, the purport of the whole pleadings
2. Judgment on the claim for restitution of legal reserve of inheritance
A. The amount of calculation method of one shortage in legal reserve for the plaintiffs' shortage shall be calculated by adding the value of the property that the ancestor had at the time of commencement of the inheritance to the total value of the property that the ancestor donated, and among them, deducting the total amount of the debts that the ancestor had borne at the time of commencement of the inheritance and determining the amount of property
Therefore, the amount of legal reserve shall be calculated by multiplying the calculated amount of the property by the ratio of the legal reserve under the Civil Code Article 1112, and when the person with legal reserve of inheritance gains special profits, the amount should be deducted.
The shortage in legal reserve of inheritance is the person with the right to legal reserve of inheritance after deducting the amount of property acquired by inheritance from the amount of legal reserve of inheritance.