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1. The defendant shall pay to each of the plaintiffs KRW 375,466,093 and 20% per annum from April 9, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. The parties’ relevant network D (hereinafter “the deceased”) died on July 15, 2013, and their inheritors are the defendants, E, F, Plaintiff A, Plaintiff B, and children, who are married children.
B. On February 1, 2010, the Deceased donated the land and buildings listed in the [Attachment 1] List (hereinafter “G real estate”) to the Defendant. On May 9, 2012, the deceased donated the land and shares in the buildings listed in the [Attachment 2] list (hereinafter “H commercial buildings”) to the Defendant, and the entire G real estate and each of the instant real estate “each of the instant real estate”).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 9-1, 2-2, and the purport of the whole pleadings
2. Summary of the plaintiffs' assertion
A. In addition to the donation of KRW 100 million each of the instant real estate and cash to E and F, the deceased had a substantial real estate and cash assets before his birth, the deceased only donated KRW 1,738,00,000 to the Defendant, who is a son, and only donated KRW 66,276,311 at the time of inheritance.
B. The deceased’s total value at the time of inheritance of each of the above property that he donated to E, F, and the Defendant is KRW 3,887,213,54 in aggregate, and the plaintiffs’ secured portion of inheritance is KRW 388,721,355 in aggregate [= KRW 388,87,213,554 in inheritance x 1/5 in inheritance x 1/5 in inheritance x 1/2 in inheritance), shortage is 375,46,093 in inheritance (=the above 388,721,355 - positive inherited property 6,276,311 x 1/5 in inheritance).
C. Therefore, the defendant is primarily obligated to refund to the plaintiffs the amount of KRW 375,466,09,09, which is less than the reserve of inheritance of each of the plaintiffs, and damages for delay thereof. 2) If the defendant refuses to return the value, it is preliminaryly obligated to refund the shares of each of the real estate of this case and KRW 194,73,968 (i.e., value 1,857,757,757,757,243 x 375,46,093,093,581,937,243) and damages for delay.
3. Determination
A. The amount of one legal reserve of inheritance shall be the total value of the active property at the time of the commencement of the inheritee.