1. The Defendant’s KRW 87,323,445 as well as 5% per annum from October 31, 2019 to January 14, 2020 to the Plaintiff.

1. Basic facts

A. C married with D and placed the Plaintiff and the Defendant as their children.

B. D died on July 30, 2016, and C died on March 22, 2018.

(hereinafter referred to as “the deceased”). / [Grounds for recognition] Gap evidence 1 and 2 (including paper numbers)

2. The plaintiff's assertion that he received real estate and cash before the deceased's birth, thereby infringing the plaintiff's legal reserve of inheritance. Thus, the plaintiff's legal reserve of inheritance should be returned as stated in the claim.

3. Determination

A. The defendant asserts that the plaintiff cannot claim the return of the legal reserve of inheritance because the plaintiff is not the deceased and D's relative, but the deceased's father.

However, there is no evidence to acknowledge this, and according to the evidence No. 16-1 through No. 3, the defendant filed a lawsuit against the plaintiff to confirm the existence of paternity (Seoul Family Court 2018Ddan319583), but the judgment of rejection was rendered on December 6, 2018 on the ground that “if the deceased and D have a adoptive relationship with the plaintiff, there is no benefit of confirmation of the absence of paternity,” and it is only recognized that the dismissal of appeal and the final appeal are dismissed.

Therefore, the plaintiff is included in the co-inheritors of the deceased.

B. The person with the right to the legal reserve of inheritance can recover the shortage when there are shortages in the legal reserve of inheritance due to the gift or testamentary gift of the inheritee, and if there are several persons who receive the gift or testamentary gift, he shall return the shortage in the legal reserve of inheritance to the proportion of the testamentary gift value (Article 1115 of the Civil Act), and according to the Civil Act, the shortage in the legal reserve of inheritance shall be calculated

[Deficiency in legal reserve = Amount of legal reserve of inheritance [property that forms the basis for calculation of legal reserve of inheritance (property actively donated at the time of commencement of inheritance ? amount of inheritance debts)] 】 rate of legal reserve of inheritance with the person entitled to legal reserve of inheritance (1/2 of inheritance with the lineal descendants and spouse of the inheritee) - Special profit amount with the person entitled to legal reserve