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1.The judgment of the first instance, including any claims extended and added in the trial, shall be modified as follows:
The defendant.
Reasons
1. The following facts do not conflict between the Parties:
The deceased D (hereinafter “the deceased”) died on January 26, 2014. The deceased’s heir is the Plaintiff A, the deceased’s children, and the deceased’s heir, who were the deceased’s children, and the deceased’s children, who were the deceased’s children by inheritance on behalf of the deceased on July 13, 201. The shares of inheritance are the Defendant, E, 1/3, and A1/5 (=3 x 3/5 of the deceased’s shares of inheritance on behalf of the deceased’s spouse x 1/3 of the deceased’s inheritance on behalf of the deceased’s spouse x 2/15 (= 1/3 of the deceased’s shares of inheritance on behalf of the deceased’s spouse x 2/5).
2. Judgment on the claim for restitution of legal reserve of inheritance
A. 1) The Plaintiffs were co-inheritorss with the Defendant to calculate shortage in the legal reserve of inheritance. As such, when the deceased’s shortage in the legal reserve of inheritance due to donation or testamentary gift made by the deceased to the Defendant, the Plaintiffs may claim the return of the shortage to the Defendant to the extent that it does not infringe on the Defendant’s legal reserve of inheritance. The shortage in the legal reserve of inheritance is calculated as follows: = [A] 】 Special benefit amount of the person having the right to the legal reserve of inheritance (B) ? - (C) - The net benefit amount of inheritance of the person having the right to the legal reserve of inheritance - 1/2/3 of the inheritance amount of lineal descendants of the inheritee = d/ the amount equivalent to the inheritance of the person having the right to the legal reserve of inheritance of the deceased = The amount of property acquired by inheritance of the person having the right to the legal reserve of inheritance of the deceased - 2) / The legal reserve of inheritance of the deceased 14 years prior to the commencement of inheritance of the deceased - the amount of inheritance of the deceased 14 years prior inheritance.