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1. The Defendant’s each of the Plaintiffs’ KRW 35,820,621 and each of the above amounts shall be annually from January 26, 2016 to December 22, 2016.
Reasons
1. Facts of recognition;
A. D’s death and inheritor D married with E on April 12, 1955, and died on February 23, 2015.
B. 1) D: (a) on February 23, 2015, at the time of the commencement of the inheritance, real estate listed in attached Table No. 4 (hereinafter “4 real estate”) was located as active property on February 23, 2015; and (b) on February 4, 2015, real estate No. 1/7 was transferred to the Defendant on May 7, 2015 due to inheritance by agreement division as of February 23, 2015; (c) on February 16, 2004, real estate No. 1/7 in attached Table No. 1 (hereinafter “1 real estate”).
) Each gift of the real estate listed in [Attachment List No. 3 (hereinafter referred to as “three real estate”) and each transfer of ownership on real estate and three real estate was completed on February 17, 2004, and ② on May 22, 2012, the real estate listed in [Attachment List No. 2] (hereinafter referred to as “second real estate”).
(4) The market price of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) around February 23, 2015, which was at the time of commencing the inheritance, was KRW 927,515,800 in total.
No. 424,718,002 real estate No. 7,140,803 real estate No. 404,685,000 real estate No. 404,685,000 real estate No. 90,972,000 real estate No. 1,27,515,800 [Evidence evidence: No. : Facts without dispute, Gap evidence No. 1, 2, 3 (including branch numbers), Eul evidence No. 3, and the purport of the whole pleadings and arguments]
2. Determination
A. Article 108 of the Civil Act, which applies mutatis mutandis by Article 11118 of the Civil Act, provides that "in case where there is a person among co-inheritors who has received a gift or testamentary gift of the property from the inheritee, and the gift does not reach his/her share of inheritance, the inheritance has been inherited to the extent of the shortage of the property." This is among co-inheritors.