1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on April 25, 201, and his/her property heir is the Defendant, children, the Plaintiffs, E, F, and G, the spouse of the deceased.

B. As of March 10, 201, the deceased, on the basis of March 10, 201, held deposit money of KRW 40,563,925 (hereinafter collectively referred to as “the deposit money of this case”) in the above bank account number I in the name of the deceased as of April 13, 201, based on the Saemaul Depository Account Number H, and the account number I in the name of the deceased as of April 13, 201, based on April 13, 2011.

C. However, the deposit of this case was withdrawn upon the termination of each of the above accounts of the deceased as of each of the above reference dates.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant violated the legal reserve of inheritance of the Plaintiffs by voluntarily withdrawing the deposits of this case of the deceased before the deceased died, the Defendant sought the return of the amount equivalent to that stated in the purport of the claim to the Defendant.

B. The defendant used 20 million won of the above deposit as expenses to cover public funds of the above Residential Self-Governing Committee, which was used individually by the deceased as the chairman of the residents' self-management of K Apartment, as expenses for the above apartment, and for the above apartment's remuneration. The remaining KRW 10 million was used as expenses for the deceased's hospital, and the remainder KRW 10 million was used as expenses for the deceased's 49 expenses and other expenses. Thus, the defendant did not infringe the plaintiffs' legal reserve of inheritance by using the deposit of this case.

3. In the judgment of the court, when there are shortages in the legal reserve of inheritance due to gifts or testamentary gifts made by the inheritee pursuant to the provisions of Article 1114, the person with the right to legal reserve of inheritance can claim the return of the property to the extent of shortage (see Article 1115 of the Civil Act).