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The defendant shall pay to the plaintiffs 19,721,361 won and 8,812,270 won among them, from May 22, 2019, and the remainder 10,90 won.
Reasons
1. Facts of recognition;
A. Non-party E (hereinafter “the deceased”) died on January 22, 2019, and his/her heir as the deceased and the Defendant, who is his/her spouse, and the deceased’s heir G, who died first before his/her death.
(b) The property that was donated to the Defendant before the deceased E shall be as follows:
KRW 120,00,000 in cash on March 6, 2018; KRW 100,000 in cash on August 29, 2018; KRW 7,543,096 in cash on December 14, 2018
(c)the value of E’s inherited property at the time of the death of the network E and the market value at the time of its inheritance are as follows:
Inherited property: (1) An inheritance obligation of KRW 10,00,00 for the termination of the savings account of HA, and KRW 380,403 for inheritance of KRW 28,188,52 for I Capital (applicable to recognition: Each entry and all pleadings of KRW 1 through 8 (including each number))) in the form of 2016.
2. Determination
A. The Plaintiffs, who calculated the shortage in the legal reserve of inheritance, seek the return of the legal reserve of inheritance to the Defendant. The Plaintiffs’ computation of shortage in legal reserve of inheritance is as follows.
(원 미만 버림). ⑴ 적극적 상속재산: 17,580,403원(= 7,200,000원 10,000,000원 380,403원) ⑵ 증여액: 227,543,096원 ⑶ 유류분 산정을 위한 기초 재산액: 216,934,977원(= 적극적 상속재산 17,580,403원 증여재산액 227,543,096원 - 상속채무액 28,188,522원) ⑷ 원고들의 각 유류분 비율: 1/11(법정상속분 2/11 × 1/2) ⑸ 원고들의 순상속액: -1,928,748원{= -10,608,119원(= 17,580,403원 - 28,188,522원) × 2/11} ⑹ 원고들의 각 유류분 부족액: 21,650,109원{= 19,721,361원(= 216,934,977원 × 1/11) 1,928,748원}
B. If so, the Defendant’s judgment as to the cause of the claim is based on the following facts: (a) KRW 19,721,361 each and KRW 8,812,270 claimed by the warden within the extent of shortage to the Plaintiffs; and (b) KRW 19,721,361 each as requested by the Plaintiffs; and (c) KRW 8,812,270, which is extended by the application for modification of the purport of the claim filed by June 17, 2019.