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1. On February 7, 2018, the Defendant: (a) on January 7, 2018, as to one-third share of each of the real estate listed in the separate sheet No. 1, 2, 3, and 5 to the Plaintiffs.
Reasons
1. Facts of recognition;
A. On January 1, 2018, F died (hereinafter “the deceased”), and at the time of death, there were the Plaintiffs, children, and G, who are their spouses. Legal inheritance portion is 3/13 of the Defendant, who is the spouse, and 2/13 of the Plaintiffs and G, who are their children, respectively.
B. On December 26, 2016, the Defendant completed each registration of transfer of ownership on real estate 3, 4, and 5 listed in the separate sheet from the Deceased on December 26, 2016, for each of the following reasons:
After that, on December 19, 2017, the Defendant sold the real estate listed in the separate sheet to H, and received KRW 46,300,000 from the purchase price.
C. The Deceased did not have any active or negative property at the time of death, and the Plaintiffs received special benefits from the Deceased or did not have inherited property.
[Ground for recognition] Unsatisfy, Gap evidence 6, the purport of the whole pleadings
2. The assertion and judgment
A. The difference in the plaintiffs' legal reserve of inheritance is calculated by the following methods after specifying the property that forms the basis for calculating legal reserve of inheritance as of the time of the commencement of inheritance (see Articles 1112 and 1113 of the Civil Act). Shortage in legal reserve of inheritance = [The basic amount of property (A) in calculating legal reserve of inheritance 】 the special profit (C) in the person holding the right to legal reserve of inheritance ] - The net amount of inheritance (D) in the person holding the right to legal reserve of inheritance - The amount of inherited property - the amount of inherited property - the amount of inheritance - the amount of property acquired by the person holding the right to legal reserve of inheritance - the amount of property acquired by the person holding the right to legal reserve of inheritance - according to the fact that the inheritance debt share is recognized, each real estate listed in the separate sheet of inheritance (hereinafter "the real estate of this case") is included in the amount of basic property calculated, the ratio of the plaintiffs' legal reserve of inheritance is 1/13, and there is no special profit or net amount of inheritance.
Therefore, barring any special circumstance, the defendant is against the plaintiffs.