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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The fact that the basic facts D (hereinafter “the deceased”) died on January 10, 2018, and the spouse of the deceased and the children between the deceased and the Plaintiff. The Defendants are children between the former and the former wife divorced from the deceased, and the deceased deposited KRW 1 billion in a bank account in the name of F, a grandchild of the deceased, on December 26, 2017, until the death of the deceased. There is no dispute between the parties.
2. The bank account in the F’s name of the cause of the claim is the account actually used and managed by the Defendant by lending and managing the F’s name, and the deceased’s deposit of KRW 1 billion into the bank account in the F’s name is a donation to the Defendant.
Therefore, the defendant is obligated to return the amount claimed to the plaintiffs, each of which falls short of the legal reserve of inheritance (the ratio of the plaintiff A's legal reserve of inheritance 3/34 shares and the ratio of plaintiff B's legal reserve of inheritance 2/34 shares).
3. However, the Defendant asserted that the deceased’s deposit of KRW 1 billion in the F account was not the Defendant but the deceased’s donation to F, so the Defendant did not have a duty to return the legal reserve of inheritance.
Therefore, on December 26, 2017, comprehensively taking account of the following: (a) as to whether the Deceased’s donation of KRW 1 billion to the Defendant is recognized, F received KRW 1 billion from the Deceased on December 26, 2017 to a bank account in the name of F on December 26, 2017; and (b) as to whether the Defendant and G, who are his parent, transferred KRW 510 million in total to the Defendant and G on January 22, 2018; and (c) again, the Defendant and G, on January 24, 2018.
1. The fact that a sum of KRW 510 million was deposited into the F’s account as it is, and that F donated KRW 1 billion from the Deceased on December 26, 2017, based on the fact that: (a) around March 22, 2018, the taxable value and tax base of gift tax was reported to the head of the competent tax office, and the fact that gift tax was paid around that time.
According to the above facts, the deceased's deposit of KRW 1 billion into the F bank account on December 26, 2017 is one billion.