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1. Defendant D’s each of the Plaintiffs’ KRW 169,347,907 as well as 5% per annum from January 9, 2018 to February 13, 2020.
Reasons
1. Basic facts
A. The deceased E (hereinafter “the deceased”) died on October 2, 2017.
B. Defendant C is the deceased’s spouse, the Plaintiffs, Defendant D and F, and G’s children.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs asserted that they did not have any property inherited from the deceased, while they received all the property of the deceased's birth from the Defendants, B, and G, and they are obligated to pay to the plaintiffs each of the 59,597,486 won in return of shortage in legal reserve of inheritance, and Defendant D is obligated to pay each of the 186,332,617 won in return of shortage in legal reserve of inheritance, and damages for delay.
B.1 Determination 1) The calculation method of shortage in the legal reserve of inheritance is calculated by adding the value of donated property to the value of the property held by an ancestor at the time of the commencement of inheritance and deducting the total amount of debts (Article 1113(1) of the Civil Act). The specific calculation method is as follows: shortage in the legal reserve of inheritance = [The basic amount of property (A) calculated 】 the special benefit (B) of the person holding the right to the legal reserve of inheritance 】 The amount of the right to the legal reserve of inheritance - A/ the amount of the positive donated property - The amount of inherited property - The spouse and lineal descendant of the inheritee = the amount of donated property acquired by the person having the right to the legal reserve of inheritance - D = the amount of inherited property acquired by the inheritance - the amount of inherited property acquired by the person having the right to the legal reserve of inheritance - the amount of inherited property share 2) ] Article 1008 of the Civil Act provides that the portion of inherited property cannot be inherited among co-inheritors within the extent of inheritance inheritance or inheritance.”