1. All appeals by the plaintiffs and the defendant are dismissed.

2. The defendant's motion to return provisional payments is dismissed.

3...

1. As to the Defendant’s assertion of violation of jurisdiction, the Defendant asserted that, as the Seoul Family Court Decision 2016Dhap1287, the Defendant filed a claim for the adjudication on division of inherited property against the Plaintiffs in order to determine specific shares of inheritance between the Plaintiffs and the Defendant, and that, under the circumstances where the decision of the above adjudication on division of inherited property was not made, it is in violation of the jurisdiction to determine the merits regarding the claim for the return of

According to the statements in the evidence No. 17-1 and No. 17-2, it is recognized that the defendant filed an appeal for the division of inherited property against the plaintiffs on August 19, 2016, which was after the judgment of the first instance court of this case was rendered by the Seoul Family Court 2016Ra1287.

However, considering each legislative purpose and purport of the system of return of legal reserve of inheritance and the system of division of inherited property, the litigation of the claim for return of legal reserve of inheritance of this case is an essential pre-determination condition.

There is no ground to view that the decision on the claim for the return of legal reserve before the decision on the case for the division of inherited property is a violation of jurisdiction.

Therefore, the defendant's assertion of violation of jurisdiction is rejected.

2. Facts of recognition;

A. The deceased E (hereinafter “the deceased”) died on June 17, 2013, and at the time of death, the deceased’s heir was the Plaintiffs and the Defendant, who were children of the deceased.

(The deceased was divorced from F on December 24, 2010). (B)

The deceased did not make any will with respect to the inherited property, such as preparing a testament, at the time of death.

C. Based on the market price at the time of the commencement of the inheritance as active inherited property at the time of the deceased’s death, ① real estate listed in the attached Table 2 (hereinafter “instant G apartment”) equivalent to the market price of KRW 410,000,000 at the time of the commencement of the inheritance, ② there are KRW 240,000,000, which was paid from the lessee H as the lease deposit pursuant to the lease contract at December 23, 201 for the instant G apartment. However, KRW 240,000,000.