A. The F (hereinafter “the deceased”) died on August 12, 2013 as the birth of 1926 and died, and there are the Plaintiffs and the Defendant (the heir’s shares in inheritance 1/5) as their children.

B. On August 26, 2013, the Defendant completed the registration of ownership transfer based on legacy on August 12, 2013.

C. From the time of the deceased’s death to the present date, the establishment registration of a mortgage-backed bank (hereinafter “new bank”), the debtor, the deceased, and the maximum debt amount (312,00,000) was completed regarding the instant real estate.

(hereinafter the above collateral security (hereinafter referred to as “instant loan obligation”)’s loan obligation to a new bank under the name of the deceased, which is the secured claim of the foregoing collateral security)

D. On February 28, 2014, the Defendant filed an application for annual installments of inheritance tax pursuant to Article 71 of the Inheritance Tax and Gift Tax Act while filing a return on the taxable value and tax base of inheritance tax. Accordingly, on June 16, 2014, the registration of creation of a mortgage on the instant real estate was completed on May 29, 2014, based on a contract for the provision of tax security on May 29, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 10 and 12 (including branch numbers), the purport of the whole pleadings

2. The plaintiffs alleged that they were the only property of the deceased, and have the duty to return the legal reserve of inheritance to the plaintiffs, who are the other inheritors of the deceased. In the first place, it is impossible to return the real estate of this case, and thus, it is possible to recover the equivalent amount of the legal reserve of inheritance to the defendant, and in the first place, to seek the return of the shares of the plaintiffs among the real

3. Judgment as to the main claim

A. The Korean Civil Code recognizes the legal reserve of inheritance in accordance with Articles 1112 through 1118, and provides for the method of returning the legal reserve of inheritance.