Text
1. On October 10, 2013, the Defendant’s share of 1/12 of each of the real estate listed in the separate sheet to the Plaintiffs.
Reasons
1. Facts of recognition;
A. The deceased D (hereinafter “the deceased”)’s spouse deceased on January 28, 2012, 2012, consisting of five women of both the Plaintiffs and the Defendant, the networkF, G, and H, etc. between the deceased’s spouse E (the deceased on September 22, 2008).
B. The Deceased owned each real estate listed in the separate sheet (hereinafter “instant real estate”) before birth.
C. On April 16, 2012, the Defendant completed the registration of ownership transfer based on testamentary gift on January 28, 2012 (hereinafter “instant testamentary gift”).
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 4 (including paper numbers), the purport of the whole pleadings
2. Determination
A. Since the plaintiffs' assertion infringed the plaintiffs' legal reserve of inheritance by receiving the legacy of this case from the deceased, the defendant is obligated to return each shortage of legal reserve of inheritance to the plaintiffs.
B. Shortage in calculating shortage in the legal reserve = [A] x (B) with the person holding the right to legal reserve x (C) with the special benefit of the person holding the right to legal reserve / (D) with the net benefit of the person holding the right to legal reserve / The amount of positive inherited property / 1/23 with the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of property acquired by the person holding the right to legal reserve - the amount of inheritance / the amount of inheritance 1) with the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance 1) with the person holding the right to legal reserve / the method of calculating the shortage in the legal reserve
3) According to each of the plaintiffs and the defendant's respective legal reserve ratio (B) above, since the plaintiffs and the defendant, who are lineal descendants and the deceased's heirs, are 1/12 (i.e., legal reserve ratio 1/6 x legal reserve ratio 1/2) respectively. 4) The plaintiffs' special benefit amount (C) and net inheritance amount (D) amount are 0 won, respectively.
The defendant.