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1. The Defendant: KRW 13,432,239; KRW 8,954,826; and each of them to Plaintiff A and Plaintiff B, respectively.
Reasons
1. Facts of recognition;
A. The deceased E (hereinafter “the deceased”) set up Defendant, G, H, and I as his child between F (Death on August 7, 2015) and F (Death on April 13, 1990).
B. G died on July 15, 2014, and Plaintiff B and C, who was the heir, was employed by the heir.
C. On September 19, 2014, the Deceased, before his death, donated to the Defendant a house of 190.1 square meters and its second floor (hereinafter collectively referred to as “instant real estate”). The Defendant completed the registration of ownership transfer on the instant real estate on the 23th of the same month on the ground of the donation.
As a result of the appraiser K’s market appraisal, the value of the instant real estate was assessed as KRW 250,735,130 at the time the deceased died, and around that time, the deceased did not own any other property or bear any liability, except that the deceased was donated to the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 19 (if there is an additional number, including each number), the appraiser K's appraisal result, the purport of the whole pleadings
2. Determination
A. 1) Property, the basis for calculating legal reserve of inheritance, which is the basis for calculating legal reserve of inheritance, should be calculated by adding the property (one-year donation + one-year donation amount) donated to another person as active property owned by the deceased at the time of the commencement of inheritance to the special profit of co-inheritors and deducting the total amount of debts to the co-inheritors. In this case, the deceased did not possess active property or bear debts on August 7, 2015 at the time of the commencement of inheritance. However, inasmuch as the real estate in this case was donated to the Defendant who is one of the co-inheritors, the real estate in this case is the Defendant’s special profit, and thus, it is the Defendant’s basic property for calculating legal reserve of inheritance. 2) The Defendant determined that the real estate in this case was originally owned by F, the husband of the deceased.