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1. The Plaintiff, among each real estate listed in the separate sheet, Defendant B, among the real estate listed in the separate sheet, shall have the respective shares of 245,290,63/5,064,975,876, Defendant C, D and E.
Reasons
1. On August 2, 2015, the deceased G (the deceased’s death on September 27, 2015, hereinafter “the deceased”) prepared a free gift agreement with the effect that each real estate listed in the separate sheet is donated to the Plaintiff on August 2, 2015 (the evidence No. 3 of the deceased and the result of appraiser H’s appraiser H’s appraisal is presumed to have been genuine, and the authenticity of the entire document is presumed to have been established. Defendant B, C, D, and E are not proven to have forged this document but there is no evidence to acknowledge it). At the time of G’s death, the heir as at the time of G’s death may be acknowledged by comprehensively taking into account the purport of each of the arguments and evidence No. 15 (including the number No. 15).
According to the above facts, barring any special circumstance, the Defendants, who inherited shares equivalent to each share of the real estate listed in the separate sheet (Defendant B B 1/12, Defendant C, D, E 1/18, and Defendant F 1/4) following the death of the deceased, are obligated to implement the procedure for ownership transfer registration for each share of the real estate listed in the separate sheet to the Plaintiff on August 2, 2015.
2. Determination as to Defendant B, C, D, and E’s defense
A. Among each real estate listed in the summary of the above Defendants’ assertion, Defendant B is entitled to respective legal reserve for shares in 29,465,110/834,783,528 shares, Defendant C, D, and E are entitled to respective legal reserve for shares in 19,643, 407/83, 734, 783, and 528 shares, and there is no obligation to implement the procedure for ownership transfer registration with respect to each of the above shares.
B. The method of calculating shortage in the legal reserve of inheritance among the heirs is as follows:
The shortage in the legal reserve = [A] amount of property on the basis of calculation of the legal reserve of inheritance 】 (B) ratio of the person with the right to legal reserve of inheritance - amount of special profit (C) - amount of net inheritance (D) of the person with the right to legal reserve of inheritance.