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1. The defendant is against the plaintiff (appointed party) and the appointed party:
(a)payment of 6,540,091 won;
(b) Matern C.
Reasons
1. Basic facts
A. D (hereinafter “the deceased”) died on December 4, 2013. The deceased’s heir is the E, the Plaintiff (appointed; hereinafter “Plaintiff”), the designated parties (hereinafter “Plaintiffs”), and the Defendant, both the Plaintiff and the designated parties (hereinafter “Plaintiffs”), who are their children.
B. On June 18, 2014, the registration of ownership transfer was completed in the name of the deceased on the land of 638 square meters prior to C in Sungsung-si (hereinafter “instant land”). However, the registration of ownership transfer was completed in the Defendant’s future on the ground of legacy.
[Reasons for Recognition] Facts without dispute, Gap 1, 4 evidence (including branch numbers, hereinafter the same shall apply), Eul 5 and 6 evidence, the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the plaintiffs' assertion was not only bequeathed of the land of this case, which is the only inherited property of the deceased, but also received a loan of KRW 65 million in the name of the deceased before the deceased’s birth (= KRW 40 million in total) and KRW 2978,133 in the deceased’s term deposit (= KRW 1625,816 KRW 1352,317 in total) and infringed on the plaintiffs’ legal reserve of inheritance.
Therefore, the defendant is obligated to pay to the plaintiffs 22,164,844 won [=(65 million won 2978,133 won) x 1/12] as to each share of 1/12 (1/6 of statutory inheritance x 1/2) among the land in this case.
B. The method of calculating shortage in legal reserve of inheritance shall be calculated on the basis of adding the value of the property of the inheritee at the time of the commencement of inheritance to the value of the property of the inheritee and deducting the amount of inherited property from the amount of inherited property. If there is a person who has made special profits from the property by the birth donation from the inheritee among co-inheritors, the donation shall be excluded from the application of Article 1114 of the Civil Act, regardless of whether it was before the commencement of inheritance one year, and whether both parties knew that it would inflict losses, and the person liable to return the legal reserve of inheritance