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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The H (Death on August 1, 2016) was the child of I, J, and Defendant F. However, the J died on March 27, 1981, before H died.
B. Plaintiff A is the wife, Plaintiff B, C, and D of J, who is the heir of J, and Defendant G is the child of Defendant F.
C. Defendant F donated each real estate listed in the [Attachment] Nos. 1 through 5 from H, around September 25, 1993, and completed the registration of ownership transfer on April 2, 2008. Around January 12, 2016, the real estate listed in the [Attachment] No. 6 was donated and completed the registration of ownership transfer on January 22, 2016.
Defendant G donated each real estate listed in Nos. 7 through 9 of the separate sheet Nos. 7 through 9 around September 25, 1993 from H, and completed each registration of ownership transfer on April 2, 2008.
E. H purchased K 2,026 square meters in Seopo-si, Seopo-si, Seopo-si (hereinafter “K”) from M and completed the registration of transfer of ownership in the name of J on August 29, 1975.
Since then, the registration of transfer of the ownership in the name of the defendant G was completed on April 2, 2008 in accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (amended by Act No. 7500, Jan. 1, 2006) on the ground of donation from September 25, 1993.
F. He did not have any particular inherited property or any liability for inheritance at the time of his death.
[Ground of recognition] Facts without dispute, Gap 1 (including a provisional number; hereinafter the same shall apply), 2 evidence, Eul 1 to 3, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The plaintiffs defendant F infringed the plaintiffs' legal reserve of inheritance by receiving each real estate listed in the separate sheet Nos. 1 through 6, and the defendant G infringed the plaintiffs' legal reserve of inheritance by inheritance of J, by receiving each real estate listed in the separate sheet Nos. 7 through 9.
However, there is a dispute as to whether K land is a special benefit of the plaintiffs. As to each real estate listed in the separate sheet Nos. 1 through 9 (hereinafter “each real estate of this case”), it is based on the ratio of the legal reserve of inheritance of the plaintiffs, which is calculated primarily on the premise that K land is not a special benefit of the plaintiffs.