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1. The Defendants: (a) on June 26, 201, with respect to each portion of 1/11 of each real estate listed in the separate sheet to the Plaintiffs.
Reasons
1. Basic facts
A. G (hereinafter “the deceased”) died on January 19, 2017, and Defendant D, his spouse, and Defendant E and the Plaintiffs inherited the deceased.
B. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the Deceased. Defendant D and Defendant E completed the registration procedure for transfer of ownership on the same day for the same day on the ground of legacy on January 29, 2017 as to the real estate listed in the separate sheet 1 and 2 on April 4, 2017.
C. At the time of death, there was no active and negative property for the deceased.
[Reasons for Recognition] Facts that there is no dispute between the parties, or do not clearly dispute between them, entry of evidence A1-4, the purport of the whole pleadings
2. Determination as to the cause of action
A. (i) Legal reserve of inheritance is calculated by adding the value of the property owned by the inheritee at the time of the commencement of inheritance to the value of the property at the time of the commencement of inheritance and deducting the total amount of the inheritance debt. The fact that there was no active and negative property at the time of the deceased’s death is as seen earlier
The Defendants asserted that since the Deceased donated the Plaintiff B a total of KRW 32 million, including KRW 2 million on November 22, 1998, KRW 10 million on September 2007, KRW 20 million on December 12, 201, KRW 20 million on December 12, 201, and ② KRW 170 million on the purchase of housing at Ulsan-gu H housing, respectively, to the Plaintiff C, it should be considered as the basic property for calculating legal reserve.
However, the written evidence Nos. 1 and 2 alone is insufficient to recognize the deceased’s donation to Plaintiff B and C, and there is no other evidence to prove this otherwise, and the Defendants’ above assertion cannot be accepted.
Article 22(1) of the Civil Act provides that the property, which forms the basis for calculating the legal reserve of inheritance in this case, shall be the
B. The plaintiffs, who fall short of the ratio of legal reserve of inheritance and the ratio of legal reserve of inheritance, are 2/11 of the deceased's lineal descendants, and they are lineal descendants.