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1. The Defendant’s each of the Plaintiffs’ KRW 157,278,160 as well as 5% per annum from November 6, 2018 to November 23, 2018.
Reasons
1. Basic facts
A. At the time of the deceased’s death, the Plaintiffs and the Defendant were their children, other than the Plaintiffs and the Defendant, E and F, who were their children, at the time of the deceased’s death.
B. On February 28, 2008, the Deceased donated each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant, and there is no other inherited property except the above property.
C. The base appraisal value as of April 27, 2018, except for the land stipulated in paragraph (2) (hereinafter “instant paragraph (2)”), among the instant real estate, is KRW 1,298,932,000 for the remainder of the land. The land stipulated in paragraph (2) of this case was sold to G and H on September 9, 2017, and the sales price at the time is KRW 272,00,000 for the land at the time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Existence and scope of the claim for restitution of legal reserve of inheritance;
A. Since the Plaintiffs are co-inheritorss of the deceased, the Plaintiffs are entitled to claim the return of their property to the Defendant to the extent that there is a shortage in their legal reserve due to the donation made by the deceased to the Defendant pursuant to Article 1115(1) of the Civil Act.
(b) Shortage in the calculation of shortage in the legal reserve = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (C) - The net benefit amount of the person holding the right to the legal reserve of inheritance (D) ? The amount of positive inherited property ＋ the amount of inheritance ＋ the amount of inheritance ? 1/23 of the person holding the right to the legal reserve of inheritance ＋ the amount of inheritance ＋ the amount of inheritance ? d/ the amount of inheritance ＋ the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of property acquired by the person holding the right to the legal reserve of inheritance ? the amount of inheritance ? the amount of inheritance - the amount of inheritance -
1) Legal reserve of inheritance (A) shall be calculated based on the amount calculated by adding the value of the donated property at the time of commencement of inheritance to the value of the inherited property at the time of commencement of inheritance of the inheritee and deducting the inherited debt amount.