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1. Defendant E: (a) KRW 5,262,732 for each of the Plaintiffs and 5% per annum from November 3, 2015 to September 2, 2016; and (b)
Reasons
1. Basic facts
A. The Plaintiffs are children between the deceased F (hereinafter “the decedent”) and G, and Defendant D is the wife of the decedent, and Defendant E is the offspring between the decedent and the Defendant D.
After completing the marriage report on April 20, 1970 with G, the decedent was divorced on May 28, 1980, but the decedent again completed the marriage report on June 15, 1989 and divorced on February 17, 2014.
An inheritee maintained a de facto marital relationship from around 1978 with Defendant D in 1978, and completed the marriage report on October 23, 2014.
B. The decedent died on March 30, 2015, and Defendant D, his spouse, and the Plaintiffs and Defendant E inherited the decedent according to their respective shares of inheritance of 2/11, respectively.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. Since the Plaintiffs’ legal reserve of inheritance was infringed upon due to cash donation to the Defendants asserted by the Plaintiff, the Defendants should return the legal reserve of inheritance donated to the Plaintiffs within the scope of the property donated to them by the Plaintiffs.
3. In a case where there is a shortage in the Plaintiff’s legal reserve of inheritance due to the donation by the decedent to the Defendants, the Plaintiffs can seek the return of the property donated to the Defendants within the extent of the shortage of the Plaintiffs’ heir as the heir of the inheritee. Accordingly, we examine whether there was a shortage in the Plaintiffs’ legal reserve of inheritance.
(a) The calculation method of shortage in the plaintiff's legal reserve of inheritance shall be as follows:
Shortage in the legal reserve = [A] 】 The ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance (B) - The amount of special earnings (C) - A/D of the person entitled to the legal reserve of inheritance of the inheritance of the deceased - The amount of the legal reserve of inheritance of the deceased 1/23 = the amount of inheritance of the deceased - the amount of inheritance of the lineal descendants of the deceased / the amount of inheritance of the person entitled to the legal reserve of inheritance of the deceased d.