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1. Revocation of a judgment of the first instance;
2. The plaintiff's main claim is dismissed.
3.(a)
The defendant shall set forth in annexed Table 1.
Reasons
1. The following facts are acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of Gap evidence 1 to 3, and 5 (including each number; hereinafter the same shall apply).
The deceased D (hereinafter “the deceased”) died on March 26, 2015. The deceased’s property heir is the Plaintiffs, the Defendant, the F, G, etc. (hereinafter “instant heir”) who are the deceased’s spouse and their children, and the deceased’s spouse, and their children.
At the time of the death of the deceased, there were deposit claims of KRW 450,522,474 in total against the real estate and H, as stated in [Attachment 1] List 1 and 2, and there was no inheritance obligation.
The real estate listed in paragraph 3 of the attached list 1 was lost because it was owned by the deceased, and each real estate listed in paragraphs 4 through 28 of the same list was owned by the deceased, and the ownership transfer registration was completed in the name of the plaintiff A, the defendant's spouse or children, F or their children, and G on the ground of donation before the death of the deceased.
2. The plaintiffs asserted that real estate and cash 300,000,000 won as stated in [Attachment I] list 4 to 9 were donated to the defendant. Since the plaintiffs' legal reserve of inheritance was infringed, the defendant should return the legal reserve of inheritance infringed upon the plaintiffs. ① Since all of the above real estate and cash belongs to the defendant's spouse or children, it is impossible to return the original property. Thus, the plaintiff A can not return the original property as its original value. ② Under the premise that the original property can be returned, the plaintiff B can return the original property as stated in [Attachment I] list 1 list 4 to 9, the original property return for each of the above real estate and the value return for the cash. If it is impossible to perform the duty to return the original property, the defendant must return the original property as stated in annexed Table 2 for each non-execution real estate.