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1. The Defendant’s KRW 5,843,064 as well as 5% per annum from June 19, 2019 to October 23, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. C died on May 23, 2005, and C’s heir is the Plaintiff, the spouse, and D and E.
B. The deceased on April 17, 2017, and the deceased on April 17, 2017, the deceased F is the heir of the deceased F, and there is C (the heir of the deceased, D, E), G, and Defendant.
C. On the other hand, on September 22, 2016, the networkF drafted a testamentary document (No. 61, 2016, a notary public H office deed) with the following content.
A testator shall testamentary gift to the defendant all of the inherited property, such as land, buildings, and debts under the following subparagraphs:
(1) Under the following, the donee shall sell inherited property and bear the burden of preparing real estate equivalent to KRW 1 billion in D and E for the testator F's grandchildren D and E.
C. The deceased F owned each real estate listed in the separate sheet No. 2 (hereinafter “each real estate of this case”) at the time of the death, and according to the result of the appraisal commission by the appraiser I of this Court, the value at the time of the death of each real estate of this case is KRW 2,892,454,000 (including the real estate listed in the separate sheet No. 53 of the separate sheet No. 2 omitted from the appraisal report).
The netF had a principal obligation of KRW 1 billion to J Association at the time of death, but on August 2017, the Defendant repaid the above obligation.
The Defendant completed each registration of the instant real estate transfer by reason of testamentary gift on April 17, 2017.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 4, 11, 13, 15 (including each number; hereinafter the same shall apply), Gap evidence Nos. 1 and 16, Eul evidence Nos. 1 and 16, the result of the commission of appraisal to appraiser I, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The net F’s obligations against JF are substantially the Defendant’s obligations, and even if not, the Defendant was subject to universal legacy including the above obligations, so the Defendant’s underlying property in calculating legal reserve of inheritance should not be considered as inheritance obligations. (ii) The principle method of returning legal reserve of inheritance is the original property return.