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The defendant shall return the legal reserve of inheritance on April 18, 2020 with respect to the share of 1/7 of the real estate listed in the separate sheet to the plaintiffs.
Reasons
1. Facts of recognition;
A. The defendant married with D on July 19, 2007, and the plaintiffs are children born between D and E (Death on June 22, 2006) before D married with the defendant.
B. On August 17, 2010, the Defendant completed the registration of ownership transfer due to donation with respect to 1/2 shares of the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”). On June 1, 2012, the Defendant completed the registration of ownership transfer due to donation with respect to the remaining 1/2 shares of the instant real estate (hereinafter “each of the instant donations”).
D The deceased on February 27, 2020, and the plaintiffs were the wife as the co-inheritors and children.
There was no active property and liability to D at the time.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 10, the purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, since the defendant violated the legal reserve of inheritance of the plaintiffs by receiving the real estate of this case from each gift of this case, 1/7 shares of the plaintiffs among the real estate of this case (=2/7 shares in each law of the plaintiffs x 1/2 of the legal reserve of inheritance of lineal ascendants and descendants x 1/2 of the legal reserve of inheritance of the plaintiff) the defendant is obligated to perform the registration procedure of transfer of ownership on April 18, 2020, which is the date the copy of the complaint of this case was served.
3. The defendant's argument on the defendant's assertion argues that since the defendant supported the inheritee D and provided nursing during the treatment of the illness, D provided each of the instant donations to the defendant in order to compensate for the disease, D's claim for legal reserve of inheritance is unfair.
However, there is no evidence to acknowledge that D made each of the instant donations with compensation for support and nursing to the Defendant (the Defendant is unable to use as evidence since the documentary evidence attached to the written reply was not present at the date of pleadings of the instant case because it was not present at the date of pleadings of the instant case). Furthermore, the purport of asserting a kind of contribution in the instant argument is included.