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1. Defendant C and D respectively KRW 38,920,297 for each Plaintiff and Defendant C with respect thereto from November 6, 2018, and Defendant D with respect thereto on November 1, 2018.
Reasons
1. Basic facts
A. E had four children between the Plaintiff and the Defendants.
E (hereinafter referred to as “the deceased”) died on June 19, 2018.
B. The Deceased, around September 8, 2017, donated each of the three-story detached housing buildings owned by the Deceased (hereinafter collectively referred to as “each of the instant real estate”) to Defendant C and D around September 8, 2017, in proportion to one-half shares among the three-story detached housing buildings owned by the Deceased and the third-story detached housing buildings on that ground (hereinafter collectively referred to as “each of the instant real estate”).
9. 11. The above Defendants completed the registration of ownership transfer in the future.
C. The Plaintiff and the Defendants jointly inherited the Deceased upon the death of the Deceased, and the Deceased did not have any positive and negative property at the time of the death.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4 (including additional number), the fact inquiry results against the Supreme Court Administration Office of this Court, the purport of the whole pleadings
2. Determination as to the claim against Defendant C and D
(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and
(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:
Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special profit (C) - The amount of the person entitled to the legal reserve of inheritance + the amount of positive inherited property + the amount of inheritance + B 1/23 for lineal descendants and the spouse of the inheritee / The amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of property acquired by the person entitled to the legal reserve of inheritance / the amount of inheritance - the amount of property acquired by the person entitled to the
B. 1 Legal reserve of inheritance is calculated on the basis of the amount calculated by adding the value of donated property to the value of the property of the inheritee at the time of the commencement of the inheritance and deducting the amount of inherited property, but special benefits from the donation of property from the inheritee among co-inheritors.