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1. Defendant D’s KRW 52,573,327 to Plaintiff A, and KRW 25,243,940 to Plaintiff B, and each of the said money from July 20, 2017 to July 20, 2019.
Reasons
1. Basic facts
A. The plaintiffs A, B, and D are children between the non-party F and the deceased G (hereinafter “the deceased”), who are the inheritors of the deceased, and the defendant E is the father and the father of the deceased.
Plaintiff
C Although F is not the father of the deceased, C is registered as a child of the deceased in the family relations register of the deceased.
B. The Deceased died on July 10, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Both the plaintiffs' assertion and the defendant D were the deceased's inheritors. The plaintiff A received 60,000,000 won in cash from the deceased, and the plaintiff B received 110,000,000 won in cash from the deceased, while the plaintiff C did not have any property donated from the deceased. While the plaintiff C did not have any property donated from the deceased, the defendant D received real estate worth 460,000,000 in cash and KRW 328,921,00 in cash from the deceased, and the defendant E violated the legal reserve of inheritance of the plaintiffs.
Accordingly, when calculating the shortage in the plaintiffs' legal reserve of inheritance, the shortage in legal reserve of inheritance of the plaintiff Eul is KRW 94,490,125, KRW 44,490,125, and the shortage in legal reserve of inheritance of the plaintiff Eul is KRW 154,490,125, and the shortage in legal reserve of inheritance of the plaintiff Eul is KRW 65,72,90, and KRW 30,968,787, and KRW 107,537,837, and delay damages are refunded to the plaintiff Eul, and the defendant Eul is obligated to return to the plaintiff Eul 13,521,37, and KRW 46,952,87, and delay damages are refunded to the plaintiff Eul.
3. Determination
A. The Plaintiff C’s claim 1) reported the birth of the deceased as his natural father and the adoptive parent relationship between himself and the deceased was established. As such, the Defendants asserted that the Plaintiff C was the deceased’s heir, and the Defendants asserted that the Plaintiff C was the deceased’s child on the deceased’s family register against the deceased’s will. (2) The parties agreed to establish a adoptive parent relationship and agreed to report the birth of the natural father.