1. The Defendant: (a) against Plaintiff A, KRW 973,147, Plaintiff B, C, and D Plaintiff E, KRW 2,919,443, and each of the said money on October 2, 2018.

1. Basic facts

A. The deceased G married with the deceased H on March 14, 1947, and maintained the deceased I, the defendant F, the network J, and K (the co-defendant of this case was established on July 24, 2020) as his child.

The deceased H died on April 10, 1990, and the deceased G (hereinafter “the deceased”) died on September 14, 2017.

B. On August 1, 1973, the network I married with the Plaintiff A and placed Plaintiff B, C, and D as his child, and died on August 18, 2007.

C. On July 6, 1984, the deceased J married with L on April 29, 1987, but divorced on April 29, 1987, Plaintiff E as his child, and died on July 13, 1989.

The deceased’s inheritor is the plaintiffs, the defendant, and K, who are the substitute inheritor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiffs asserted that they had no property inherited from the deceased, while the defendant received 1/2 shares of 887,478,171 won in cash and 1/2 shares of 136 square meters in Guri-si M.

Accordingly, the plaintiffs' legal reserve of inheritance was infringed.

Therefore, the defendant is obligated to pay to the plaintiff A 40,177,090 won, the plaintiff B, C, and D respectively, 26,784,727 won, and 120,531,271 won and delay damages.

3. Determination

A. Since the plaintiffs in the right to claim the return of legal reserve of inheritance are the inheritors of the deceased, in case where their donations to the defendant, who is another co-inheritors of the deceased, fall short of their legal reserve of inheritance, they may claim the return of their properties against the defendant to the extent

B. The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property held at the time of commencing the inheritance of the inheritee and deducting the total amount of debts (Article 1113(1) of the Civil Act), and the detailed calculation method of shortage in legal reserve of inheritance shall be as follows:

Shortage in legal reserve of inheritance = [A] amount of property on the basis of calculation of legal reserve of inheritance 】 ratio of legal reserve of inheritance (B)] - amount of special profit (C) with the person with legal reserve of inheritance of inheritance.