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1. The defendant's KRW 69,246,409 for each of the plaintiffs and 5% per annum from June 24, 2020 to February 16, 2021.
Reasons
Basic Facts
The deceased D (hereinafter referred to as “the Deceased”) died on December 9, 2018.
As the inheritor of the deceased, there are children, the plaintiffs, the defendant and E.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 3 (including numbers; hereinafter the same shall apply) and the purport of the whole argument by the plaintiffs, the main purport of the argument by the plaintiffs, as a whole, were abused that the deceased's symptoms of dementia were unable to make correct judgment, and the defendant acquired each of the 14th floor G units of the 14th floor of the Busan Geum-gu, Busan (hereinafter "real estate No. 1") which is owned by the deceased, from the deceased and sold the 185,00,000,000 won for the real estate No. 2 of this case, and the 2nd real estate of this case to the 290,000,000 won for each of the 14th floor buildings owned by the deceased.
In the same way, the defendant acquired a total of KRW 270,778,913 from the deceased as shown in the attached list.
Since the right of inheritance of the plaintiffs was infringed, the defendant is obligated to pay damages to the plaintiffs each of the above property amounting to 186,43,509 won of the plaintiffs' inheritance shares (1/4) and delay damages.
Preliminary claim, even if it is recognized that the deceased made an effective donation of each of the above property to the defendant, the defendant has a duty to pay damages to the plaintiffs each of the legal reserve of inheritance amounting to KRW 93,221,754 and delay damages.
There is no evidence to acknowledge that the assets alleged in Section 2-A as inherited property of the deceased with respect to the primary claim by the plaintiffs (the time when the plaintiffs acquired the property by the defendant's deception is before the deceased's death). The primary claim of the plaintiffs whose premise is different from this premise is without merit.
With respect to the preliminary claim, the calculation method for the shortage in oil portion shall be as follows:
Shortage in legal reserve of inheritance = [The amount of property (A) forming the basis for calculating legal reserve of inheritance ¡¿ the same.]