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1. The Defendant’s KRW 34,715,529 as well as the Plaintiff’s annual rate of KRW 5% from May 28, 2019 to February 5, 2020.
Reasons
1. The following facts can be acknowledged in full view of the statements in Gap evidence No. 1 to 7 and the purport of the whole pleadings.
C The heir died on January 8, 2018, and the heir is the Plaintiff, the Defendant, the E, the F, G, and H, who is the spouse.
B. At the time of C’s death, land No. 9, stating the annexed land and market value of the land (hereinafter, each land is indicated by the number, and the market value of each land at the time of C’s death is as indicated in the same attached Form) located in YYY-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the total deposit amount of KRW 70,05,025 (= KRW 41,748,947, the post office deposit of KRW 28,306,078).
C. Meanwhile, as to the land Nos. 3 through 8 on February 22, 2012, C transferred each ownership to the Defendant on the ground of the gift made before February 20, 2012, as to the land No. 1 on November 22, 2017, as to the land No. 1 on November 20, 2017, on the ground of the gift made before November 20, 2017, and on the land No. 23, November 23, 2017.
In the case of the Plaintiff, E, F, G, H, the Defendant, and the Incheon Family Court that is a party to D, 2018DD’s decision on the contributory portion and the case of division of inherited property, the conciliation was conducted on December 17, 2018: “The Plaintiff, E, F, G, and H own 1/5 of each of the lands in No. 9 and KRW 1,305,65 of the J Association deposits, and KRW 41,748,947 of the post office deposit and KRW 21,777,751 of the J Association deposit.”
E. C purchased goods at K on August 11, 2017 and did not pay KRW 730,000,000, and the Defendant repaid the goods on February 1, 2018, which was after C’s death.
2. The plaintiff's assertion that C donated land Nos. 1 through 8 to the defendant, and the plaintiff inherited 41,068,800 won in cash and 1,305,665 won in total, which are 1/5 shares in the land No. 9, the market price of which is 205,34,000, and eventually there is a shortage of legal reserve of inheritance of 35,29,070 won.
3. Shortage in the calculation of shortage in the legal reserve of inheritance = [A] (the basic amount of property calculated as the legal reserve of inheritance ¡¿ the ratio of the person with the right to the legal reserve of inheritance (B)] - the special amount of profit (C) with the right to the legal reserve of inheritance (D) = positive.