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1. The Defendant: (a) KRW 22,409,365, respectively, and KRW 5% per annum from January 23, 2016 to March 23, 2017, respectively, to the Plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are the children of the deceased F (Death on November 18, 2014, hereinafter “the deceased”), and the Defendant is the co-inheritors as the wife of the deceased.
B. On September 1, 2014, the Deceased concluded a sales contract to sell H 103 Dong 901, Jung-gu, Seoul (hereinafter “instant apartment”) owned by G to KRW 385 million in price.
C. The Deceased used 60 million won of the above purchase price as a repayment of the obligation to repay the loans to the Bank under the name of the Deceased, and the KRW 185 million was paid as the repayment of the deposit when the Defendant resided in the apartment of this case while leaving the apartment of this case, and KRW 47,544,786 was deposited into the bank account in the name of the Deceased.
Ultimately, up to the time of the deceased’s death, the Defendant received from the deceased a donation of KRW 277,455,214 ( KRW 385,00,000-60,000-60,000-47,54,786) from the deceased (hereinafter “the donation of this case”), and only KRW 17,686,975 remains in the above account in the name of the deceased.
At the time of death, the deceased did not have any obligation.
E. The Plaintiffs filed a claim against the Defendant for the division of inherited property (Seoul Family Court Decision 2015Dhap30249) regarding the deceased’s inherited property (Seoul Family Court Decision 2015Dhap30249). On September 30, 2016, the said court divided the Plaintiffs’ deposit claims remaining in the above account into the completion of each of the 1/4 shares, and the Defendant filed a complaint and pending in the appeal trial.
[Ground of recognition] Facts without dispute, Gap 1-8 evidence, 10 evidence, 14 evidence, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiffs' assertion that the defendant infringed the plaintiffs' legal reserve of inheritance by the gift of this case, and thus, they are obligated to pay 22,409,365 won and damages for delay according to their respective legal reserve of inheritance.
B. (1) Determination of shortage in legal reserve of inheritance is based on the total value of the active property at the time of the commencement of the inheritance of the inheritee.