beta
Text
1. Of the judgment of the first instance, the part against the defendant against the plaintiff A is revoked, and the part against the revocation is revoked.
Reasons
1. Basic facts
A. With respect to the apartment of Songpa-gu Seoul Metropolitan Government No. 281, 201, 201, 201 (hereinafter “the apartment of this case”), the registration of transfer of ownership was completed on the ground of the “sale on December 5, 1989,” under the name of Dong E (hereinafter “the network”). On December 29, 1989, the registration of transfer of ownership was completed on the ground of the “donation on February 15, 200” under the Defendant’s name on February 15, 200.
B. The Deceased died on September 22, 2014, and five children, such as F (First, son), the Defendant (Second, son), G (third, son), Plaintiff A (Fourth, son), Plaintiff B (Fifth, son), and Plaintiff B (Fifth, son) jointly inherited the deceased’s property.
C. Meanwhile, the wifeJ died on July 22, 2010.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 6 (including various numbers, except where the provisional numbers are indicated; hereinafter the same shall apply), the purport of whole pleadings
2. The parties' assertion
A. The Defendant received the instant apartment and the money listed in the separate sheet No. 3 from the Deceased. The value of the apartment at the time of the commencement of the inheritance reaches 1,056,421,335 won in total, and as such, the Plaintiffs’ legal reserve of inheritance infringed each of 89,142,133 won, so the Defendant shall return each of the above legal reserve of inheritance to the Plaintiffs.
B. The apartment house of this case was acquired by the Defendant, and it was acquired under the name of the deceased to avoid the restriction on the acquisition of real property at the time, and was transferred in the form of donation to the Defendant, the original owner, and thus, cannot be deemed a special gift property.
The plaintiffs also received considerable money from the deceased. From 1990 to 2013, the plaintiffs A received a donation of 316,165,500 won in total from the wifeJ of the deceased and the deceased (the sum of KRW 183,590,500 in total from the deceased as shown in the list No. 1.), and the plaintiffs B also received a total of KRW 208,710,500 in total from the deceased and the J (the sum of KRW 76,650,00 in addition to the list No. 2. of the deceased).