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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. The network D (hereinafter “the deceased”) died on December 21, 2015, and died on December 3, 2015, 2015, the deceased’s spouse deceased on December 3, 2015, and its inheritors are the Plaintiffs, the Defendant, and F.
B. At the time of death, the network D owned 2124 square meters in the Gri-gun, Incheon, Incheon, (hereinafter “Gri-do”), 1 large 357 square meters in the form of J forest, and 3947 square meters in the form of J forest. The network E owned 1326 square meters in the form of K field at the time of death, and L 704 square meters in the form of each real estate market at the time of death. The total market value of each real estate was KRW 431,641,100 in the form of each real estate.
C. F received each gift from the network D, of M 6020 square meters, N 641 square meters, O 2724 square meters, P 4214 square meters, Q 154 square meters, and 2-storys, respectively. At the time of the network D’s death, F received each gift of KRW 973,043,50 on June 12, 2009, and KRW 62,000 on June 26, 2009, and KRW 83,304,200 on June 26, 2009, respectively.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1, 8, 9, 10 evidence, each statement, the purport of the whole pleadings
2. The plaintiffs' assertion
A. The Defendant received a total of KRW 456,00,000 from the network D before birth as follows.
1) A donation of KRW 40,000,000 was received around February 2, 2004 (ii) on June 10, 2009, received KRW 130,000,000.
3) A donation of KRW 270,000,000 on November 1, 2009 was received on the donation of KRW 270,000,000 on December 18, 2009.
B. F was donated from the network D equivalent to KRW 1,18,347,70 in total amount of KRW 1,18,347,70 (= KRW 62,00,000 in total of KRW 62,30,000).
C. On the other hand, there is no property inherited from the deceased, and the plaintiffs seek against the defendant for payment of the difference in legal reserve of inheritance amounting to KRW 29,759,893 and damages for delay.
3. Determination
(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and
(Article 113(1) of the Civil Act. The specific calculation method shall be less than the legal reserve of inheritance.