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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 2, 2018, the deceased F (GGs, hereinafter “the deceased”) died without inherited property. The heir is the Plaintiff, Defendants, I, and C, who is the spouse.
B. The Deceased completed the registration of ownership transfer under his name for each real estate listed in the separate sheet of real estate before birth, such as the entry in the purchase registration column of the annexed list of real estate, but the registration of ownership transfer was completed before birth with respect to each real estate as stated in the annexed list of real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings
2. The gist of the Plaintiff’s assertion was: (a) before the Deceased’s birth, he donated the real estate listed in the table Nos. 1 through 4 of the attached real estate and KRW 79 million in cash, to Defendant B; (b) the real estate listed in the above table Nos. 4 was expropriated on September 10, 2012 and the compensation was paid in KRW 9,1740,000; and (c) the Defendant D donated the real estate listed in the table Nos. 5 of the attached real estate and cash KRW 45,601,00 to Defendant D, thereby infringing the Plaintiff’s legal reserve of inheritance; (d) thus, the Defendants
3. The plaintiff, as co-inheritors of the deceased, can claim the return of the legal reserve of inheritance to the extent of the shortage when there is a shortage of legal reserve of inheritance due to the plaintiff's biological donation before the deceased (Article 1115(1) of the Civil Act). We examine whether there was a shortage of legal reserve of inheritance in the plaintiff's legal reserve of inheritance.
(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property to the value of the property held by the decedent at the time of commencing the inheritance (Article 1113(1) of the Civil Act), deducting the total amount of the debts, and the specific calculation method thereof = shortage in the calculation method of legal reserve of inheritance = [A].