유류분청구
1. The Defendant: 5% per annum from February 6, 2016 to February 8, 2017 with respect to each of the above KRW 16,11,111 to the Plaintiffs.
1. Basic facts
A. E died on November 19, 2015, and the Plaintiffs are the children of the Deceased, and the Defendant is the co-inheritors as the spouse of the Deceased.
B. The network E owned No. 201 of F No. 1 2, 201 (hereinafter “the instant loan”). However, on October 28, 2015, prior to his/her death, the registration of ownership transfer was completed on October 28, 2015.
C. During the period from April 15, 2015 to May 21, 2015, the network E transferred the sum of KRW 154 million to the Defendant from its original accounts (G). D.
The network E bears the obligation of 30 million won as to H, and the obligation of 50 million won as to I, but the Defendant paid 30 million won as to H on October 17, 2015, and 50 million won as to I on November 30, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 5, 6, 9, 10, 12 through 14, and the purport of the whole pleadings
2. The parties' assertion and judgment
(a) Shortage in the official formula in calculating shortage in the legal reserve = [A] [the amount of assets forming the basis for calculating the legal reserve of inheritance x the ratio of the person with the right to the legal reserve of inheritance x (B)] - the amount of special profits (C) from the person with the right to the legal reserve of inheritance - the amount of net inheritance (D) of the person with the right to the legal reserve of inheritance - The amount of inheritance - B/ the amount of inheritance - the amount of inheritance 1/23 = the amount of inheritance d/ the amount of inheritance - the amount of property acquired by the person with the right to the legal reserve of inheritance -
B. The plaintiffs' 1) Calculation of shortage in legal reserve of inheritance 1) active inherited property (A) : The plaintiffs who have no positive inherited property: the deceased E is a joint proprietor of the J fishing village fraternity, and there is no evidence to acknowledge the existence of the amount equivalent to the share.
B) Inheritance amount: zero won (as seen below, the Defendant has repaid all the obligations of the deceased E immediately before and after the death of the deceased, and shall be deemed zero won.