beta
Text
1.(a)
Defendant E, respectively, shall be KRW 6,124,385, KRW 1,366,611, and KRW 9,186,578, and KRW 9,186,578, to Plaintiff D.
Reasons
1. Basic facts
A. The deceased I (hereinafter “the deceased”) established Defendant E, a child born out of wedlock between Plaintiff A, Defendant F, Defendant F, Defendant C, and Defendant B, a spouse, and died on August 26, 2015.
B. The deceased’s legal heir is the total of five persons who are Plaintiff A, Defendant F, Plaintiff C, and Plaintiff B, the spouse of the deceased, and Defendant H is the spouse of Defendant F.
C. Meanwhile, Defendant G was placed in J as a child other than Defendant E, and the Deceased was living with Defendant G around 2014 while living with Defendant G, and lived with K.
The value of active property owned by the deceased at the time of his death is KRW 570,519,998, and there is no small property.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 14 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. Determination on the cause of the claim 1) The calculation method of a shortage in the legal reserve of inheritance is calculated by adding the value of donated property to the value of the property held by the decedent 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. The shortage in the legal reserve of inheritance = [A] x the basic amount of property calculated at the time of the commencement of inheritance x the ratio of the person holding the right to the legal reserve of inheritance (B) - The special profit (C) at the person holding the right to the legal reserve of inheritance - A = the amount of donated property at the time of the commencement of inheritance - 1/23 = the amount of donated property acquired at the time of inheritance by the person having the right to the legal reserve of inheritance - D = The amount of donated property acquired by the person having the right to the legal reserve of inheritance - the amount of inherited property calculated at the time of donation to a third party, which is not a co-inheritors, in principle, at the time of inheritance.