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1. For the plaintiffs:
A. Defendant C shall be annually from January 8, 2019 to December 17, 2019, respectively, of KRW 36,995,892.
Reasons
1. Facts of recognition;
A. The relationship 1) The Plaintiffs are limited to E (Death on April 23, 2015, hereinafter “the deceased”).
(2) On August 12, 1976, the deceased was married with the deceased on July 14, 198, and the deceased lived together with I and the Defendants since around that time. The Defendants, G, and H were children between the Defendants (Death on November 26, 201) and J. (2) The J died on August 12, 1976.
3) After I’s death, Defendant C supported the Deceased from around 2013. B. The Defendants and G’s donations, etc. were 1) The Deceased and G shared one-half shares of the members-gu K and the above ground houses (hereinafter “instant real estate” by adding the above land and the above ground houses) in Ansan-si, as a result of an inheritance by agreement division following I’s death.
G purchased 1/2 of the deceased’s respective shares in the instant real estate from June 22, 2013. At the time, G drafted a sales contract with the purchase price of KRW 320,000,000, but paid only KRW 200,000 to the deceased on June 28, 2013.
2) After receiving KRW 200,000,000 from G as above, the Deceased, around July 2013, donated KRW 140,000 to Defendant C, and KRW 21,00,000 to Defendant D, respectively. (3) Defendant C withdrawn KRW 6,00,000 from the deceased’s account on April 21, 2015, and received the donation therefrom from the Deceased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, 11, Eul evidence Nos. 1 through 3 (including branch numbers for which there are branch numbers), the purport of the whole pleadings
2. Determination as to the claim against Defendant C
A. The right to claim the return of the first legal reserve of inheritance is recognized to claim the return of the property against a person who received the gift or testamentary gift within the extent of the shortage when there is a shortage in the legal reserve of inheritance due to the gift or testamentary gift of the inheritee. Thus, the gift to a third party who is not a co-inheritors is, in principle, commenced.