The judgment of the first instance shall be revoked.

The Defendants, each of the Plaintiffs’ KRW 34,989,950 and each of the said money, on November 23, 2019.

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on May 13, 2018, and the deceased’s heir is the Plaintiffs and F, who are children.

The Defendants are the grandchildren of the deceased, who are F’s children.

B. On May 14, 2007, the Deceased donated 1/2 shares of each of the real estate listed in the separate sheet to the Defendants (including 18.4 square meters in a brick sloping roof multi-use room on a rooftop; hereinafter the above real estate collectively referred to as the “instant real estate”), and completed the registration of ownership transfer on the 15th of the same month for each of the above shares on the ground of onerous donation.

C. At the time of the death of the deceased, there was no inherited property or inheritance liability under the name of the deceased except for deposit claims of KRW 673.

[Ground of recognition] The absence of dispute, entry of Gap's evidence 1 through 7 (including family numbers; hereinafter the same shall apply), response to each order to submit financial transaction information to the G Bank HF Center, I Association, and branch offices of J Bank of the court of the first instance, response to each order to submit financial transaction information by the court of the first instance, incidental viewing of the court of the first instance, response to each order to submit tax information to the Incheon Metropolitan City Office, Michuhol-gu Office, and Yeonsu-gu Office

2. The gist of the plaintiffs' assertion was that the deceased's donation of the real estate of this case to the defendants infringed on the plaintiffs' legal reserve of inheritance. Thus, the defendants are obligated to return the property donated to the deceased within the extent of shortage of legal reserve

Therefore, the Defendants are obligated to pay each of the above 34,989,950 won and damages for delay to the Plaintiffs due to the return of value.

3. Claim for restitution of legal reserve of inheritance:

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and

(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:

Shortage in legal reserve of inheritance = [A] amount of property (A) based on which legal reserve of inheritance is calculated 】 ratio of legal reserve of inheritance (B) with the person entitled to legal reserve of inheritance.