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1. On December 19, 2019, the Defendant against the Plaintiffs regarding shares of 1/13 among each land listed in the separate list of real estate.
Reasons
1. Both the Plaintiffs, the Defendants, and E are children of F and G, and F (hereinafter “the deceased”) died on September 25, 2018. The deceased’s inheritors are spouse G, the Plaintiff, the Defendants, and E, and the Plaintiffs’ inheritance shares are 2/13, respectively.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 (including each number; hereinafter the same shall apply)
(2) The grounds of appeal No. 1
2. The main point of the plaintiffs' assertion was that the deceased donated property to the defendant, so the defendant has a duty to return the legal reserve of inheritance infringed upon by the plaintiffs to the plaintiffs.
3. Determination
(a) The method of calculating shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property to the value of the property held at the time when the decedent died and deducting the value of all debts (Article 1113(1) of the Civil Act). The method of calculating shortage in specific legal reserve of inheritance shall be as follows:
o Shortage in the legal reserve = [A] x the amount of property on the basis of calculation of the legal reserve x (B) - the amount of special profit from the person entitled to the legal reserve of inheritance (C) - The amount of net contribution of the person entitled to the legal reserve of inheritance (D) - The amount of inheritance - the amount of inheritance - B = the amount of inheritance - the amount of inheritance - the amount of inheritance - B/ the amount of inheritance - the amount of inheritance - the amount of inheritance - D = the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance - the amount
B. (A) Legal reserve of inheritance is calculated on the basis of the value of the property at the time the decedent died and the amount calculated on the basis of the amount calculated by adding the value of the property at the time the decedent died and deducting the amount of inherited debt.
However, Article 1114 of the Civil Act does not apply to the co-inheritors who received donations from the inheritee while they live in the inheritee.
In other words, the donation was made one year prior to the death of the decedent, and both parties would inflict damages on the person entitled to legal reserve of inheritance.