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1. The defendant shall return the legal reserve of inheritance with respect to each share of 1/13 of the real estate stated in the attached list to the plaintiffs.
Reasons
1. Basic fact-finding D (hereinafter “the deceased”) died on August 2, 2018, and his/her heir E, Defendant, F, Plaintiffs, and G exists.
Attached Form
The real estate stated in the list (hereinafter referred to as “the apartment of this case”) was owned by the deceased, and on August 2, 2018, the ownership was transferred to the defendant on the ground of legacy.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination:
A. The sole property, which serves as the basis for calculating the legal reserve of inheritance, is an apartment building of this case, is without dispute between the parties. The plaintiffs' legal reserve of inheritance is clear in calculating 1/13 shares in each of the 1/13 shares (2/13 shares in inheritance of the plaintiffs x 1/2). Thus, the defendant is obligated to implement each procedure for the registration of transfer of ownership based on each of the 1/13 shares in the apartment of this case to the plaintiffs.
B. The Defendant’s argument regarding the Defendant’s assertion 1) asserts to the effect that, since the Defendant, a South-North Korean, has received the deceased for more than 40 years, the inherited property should be calculated by taking account of the degree of contribution. However, the contributory portion is characterized as a premise for the division of inherited property, and there is no relationship with the legal reserve of inheritance that limits the freedom of disposal of the deceased’s property in order to guarantee a certain portion of the inheritor’s inherited property. Therefore, even if there is a person among co-inheritors who specially supported the deceased or contributed to the maintenance or increase of the deceased’s property by living care for a considerable period of time and by any other means, even if the contributory portion is not determined by the co-inheritors’s agreement or by the family court’s adjudication, the Defendant cannot claim the contributory portion in the legal reserve of inheritance claim (see Supreme Court Decision 2013Da60753, Oct. 29, 2015). The Defendant’s allegation is not acceptable.