1. The Defendant: (a) KRW 24,252,633, respectively, and KRW 5% per annum from June 14, 2016 to September 28, 2016, respectively, to the Plaintiffs.

Basic Facts

A. On November 24, 1958, the network E (hereinafter “the deceased”) married with F on and among the plaintiffs, and the F was married with the defendant on February 15, 1974, after the death of F, and thereafter married with the defendant on August 28, 1974.

B. On February 10, 2012, the Deceased died, and there was no active inherited property or inheritance liability in the name of the Deceased at the time of the Deceased’s death.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 6, and judgment as to the plaintiffs' claim for the purport of the whole pleadings

A. The gist of the plaintiffs' assertion was that the deceased was the heir of the deceased, but the defendant did not inherit the deceased's property at all, while the defendant received most of the deceased's properties such as He apartment Nos. 5 and 705 (hereinafter "the apartment of this case") from most of the deceased's properties before the deceased's death, and infringed the plaintiffs' forced of inheritance.

Therefore, according to the plaintiffs' exercise of their right to claim restitution of legal reserve of inheritance, the defendant is obligated to pay 57,553,109 won and damages for delay to the plaintiffs.

B. Legal doctrine 1) Legal reserve of inheritance is calculated on the basis of the amount calculated by adding the value of the property that the decedent had donated before the commencement of inheritance to the value of the property that the decedent had donated at the time of the commencement of inheritance (see Article 1113 of the Civil Act). The “donation” at the time of the commencement of inheritance includes only a donation made by the decedent for one year before the commencement of inheritance (see Article 1114(1) of the Civil Act), but where a co-inheritors has made special profits from the donation of property from the decedent by the donation of property before the commencement of inheritance, the provisions of Article 1114 of the Civil Act shall be excluded. Accordingly, the donation shall be included in basic property for calculating legal reserve of inheritance regardless of whether the inheritance commenced one year prior to the commencement of inheritance, and whether both parties have known that the amount of damage would be inflicted on the legal reserve of inheritance (see, e.g., Supreme Court Decision 95Da1785, Feb. 9, 1996).