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1.The judgment of the first instance shall be modified as follows:
Plaintiff
C The lawsuit shall be dismissed.
B. The defendant is against the plaintiff A and B.
Reasons
1. According to the purport of the Plaintiff C’s judgment as to the Plaintiff’s claim No. 2 and the entire pleadings, it is recognized that the Plaintiff agreed to receive a certain amount of money with respect to the instant lawsuit from the Defendant, F, Defendant, and F, and thus, the Plaintiff C has no legal interest in seeking the return of legal reserve of inheritance to the Defendant.
Therefore, the plaintiff C's lawsuit of this case is dismissed as it is illegal as there is no benefit of lawsuit.
2. Basic facts
A. E (hereinafter “the deceased”) died on August 2, 2013, and the Plaintiffs and F are co-inheritors, and the Defendant is F’s wife.
B. On May 14, 2012, the Deceased donated “F” with G 787 square meters prior to Sejong Special Self-Governing City, and “F” with respect to the said land, on May 30, 2012, completed the registration of ownership transfer on the ground of donation on May 14, 2012.
In addition, on November 7, 2012, the Deceased donated each land listed in the separate sheet (hereinafter “each land of this case”) to the Defendant, and the Defendant completed the registration of ownership transfer as to each land of this case.
C. At the time of the deceased’s death, the value of the G-based Special Self-Governing City is KRW 158,974,000, and the value of each of the instant lands is KRW 76,725,00 in total [The value of each of the instant lands is KRW 51,30,000 (H 56m2) (I road) 16,740,000 (J road 331m2).
The plaintiffs were unable to receive inheritance from the deceased because they did not have positive inheritance and inheritance liability at the time of the deceased’s death.
[Reasons for Recognition] Unsatisfy, Gap evidence 5, Eul evidence 3, the purport of the whole pleadings
3. Determination as to the plaintiff A and B's claims
A. (1) The plaintiff A and B are the inheritor of the deceased, and when there is a shortage of legal reserve of inheritance due to the donation made by the deceased to the defendant or F, they may claim the defendant to return legal reserve of inheritance to the extent of the shortage. (2) The shortage in the calculation method of legal reserve of inheritance = [A] shortage in the calculation method of legal reserve of inheritance of the deceased.