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1. The Plaintiff:
A. Defendant B’s KRW 19,507,636 as well as 5% per annum from September 24, 2015 to August 12, 2016.
Reasons
Basic Facts
A. F had his child H (the death of July 15, 1969), Defendant C and the Plaintiff as his child, and married on July 29, 1965 with I (the death of January 5, 1980), and the Defendant D (the family registry was recorded as the mother in the family registry), J (the death of January 20, 1986), and Defendant E as his child. On March 23, 1990, the F married with Defendant B.
B. On March 17, 1999, F donated each share of 330/654 of the real estate listed in [Attachment 2 List 1 and 2 to Defendant B, and 330/654 of the real estate listed in [Attachment 2 List 3 and 4] on January 31, 1992. On April 8, 1992, F donated each share of 1/3 of the real estate listed in [Attachment 1] to Defendant C, D, and E.
C. Meanwhile, on April 16, 2013, Defendant B donated each of the real estate listed in [Attachment 2] Nos. 1 and 2, donated from F, to K, and sold to L on November 24, 1997 all of the shares of each of the real estate listed in [Attachment 3 and 4].
The F died on August 12, 2015, and there is a plaintiff, defendant C, D, and E, who is the wife, as the inheritor.
(e) At the time of commencement of inheritance of each real estate listed in the separate sheet Nos. 214,584,00 won in total.
[Reasons for Recognition]
(a) Defendant B, D, and E: The absence of any dispute, entries in Gap evidence 1 through 8, the appraisal result of appraiser M and the purport of all pleadings;
B. Defendant C: The Plaintiff, as F’s heir, may claim the return of the pertinent property to the extent of the shortage when the Plaintiff’s shortage of legal reserve of inheritance occurred due to donation or testamentary gift to the Defendants, who are other co-inheritors of F, as the co-inheritors.
Furthermore, with regard to the calculation method of shortage in legal reserve, the amount of legal reserve of inheritance of the decedent is added to the value of the property that the decedent had at the time of the commencement of inheritance, and the total amount of the debts that the decedent had at the time of the commencement of inheritance is deducted.