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1. Plaintiff B, Defendant D shall attach attached Form 1 to 4, 6, and 11 of the real estate listed in attached Form 1 to the list of real estate.
Reasons
1. Facts of recognition;
A. The deceased G (hereinafter “the deceased”) died on April 21, 2019, and the wife succeeded to the deceased, Defendant D, Defendant E, Plaintiffs, and H, and I, who were the wife, and Defendant F is the child of Defendant E.
B. On September 13, 2018, the Deceased donated the real estate listed in the attached list 1 through 4, 6 through 11 (hereinafter “instant real estate”) to Defendant D, the real estate listed in the attached list 5, 12, and 13 (hereinafter “instant real estate”) on August 7, 2018 to Defendant E, and the real estate listed in the attached list 14 (hereinafter “third real estate”) on August 7, 2018 to Defendant F and completed the registration of ownership transfer.
[Ground of recognition] Facts without dispute, Gap 1 through 5 (including additional numbers), Eul 2, the purport of the whole pleadings
2. The plaintiffs asserted that the deceased donated real estate Nos. 1, 2, and 3 of this case to the defendants, and there was a shortage of the plaintiffs' legal reserve of inheritance. Thus, the defendants are obligated to return 2/30 shares of the real estate Nos. 1, 2, and 3 of this case to the plaintiffs by returning the shortage of
3. Calculation of legal reserve of inheritance;
(a) The calculation method of legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property owned by the decedent at the time of the commencement of the inheritance, and deducting
(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:
Shortage in the legal reserve = Basic Property (A) calculated 】 The legal reserve of inheritance (B) - the special benefit (C) of the person having the right to the legal reserve of inheritance - The net benefit (D) of the person having the right to the legal reserve of inheritance - the positive inherited property - the legal reserve of inheritance = the legal reserve of inheritance 】 C = the amount increased by the number of the person having the right to the legal reserve of inheritance - the positive property acquired by the inheritance - the legal reserve of inheritance - the amount allotted to the inheritance -
B. Basic property (A) in calculating the legal reserve of inheritance (A) KRW 35 of the amount of active financial transactions of inherited property (KJs and deposits) 22,780,174.