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1. The defendant,
A. Of each real estate listed in the separate sheet 1 and 2, with respect to shares of 196,569/2,658,850 to the Plaintiff, respectively,
Reasons
1. Basic facts
A. Plaintiff A’s spouse of the deceased D (Death on May 22, 2014, hereinafter “the deceased”) and Plaintiff B’s children.
The defendant is the deceased's early stage with children of the deceased's birth, the birth of the deceased.
B. On September 10, 2013, the Deceased donated each real estate listed in the separate sheet to the Defendant on September 10, 2013, and completed the registration of ownership transfer on September 16, 2013 for each of the above real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to the above recognition of the right to claim the return of legal reserve of inheritance, when there is a shortage of legal reserve of inheritance as a co-inheritors of the deceased donated each real estate listed in the attached list to the defendant, the plaintiffs can seek the return of legal reserve of inheritance to the extent of the shortage
B. There is no dispute between the parties that the amount of the property, which is the basis for calculating the legal reserve of inheritance, included 149 square meters in the real estate and the property, which is the basis for calculating the legal reserve of inheritance. 2) Meanwhile, according to the evidence No. 8 of the Plaintiff B, G, the wife of the Plaintiff B, can be recognized as having completed the registration of ownership transfer on May 22, 2014, the deceased’s death on the same day. The Plaintiffs stated that the above real estate was included in active property at the time of inheritance commencement, which is the basis for calculating the legal reserve of inheritance, but revoked the statement after considering the overall purport of the arguments in the evidence No. 5 and No. 8, the deceased was suffering from dementia, but it is difficult to readily understand that the deceased concluded a sales contract on the date of death. The Plaintiffs asserted that the above real estate was inherited property and claimed that the market price was the result of the appraisal after the Plaintiff’s death.