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1. As to the Plaintiff’s share of 1/4 of each of the real estate listed in attached Tables 1, 2, and 5.
Reasons
1. Basic facts
A. The Plaintiff and D are children of the deceased E (hereinafter “the inheritee”), and the Defendants are children of D.
B. The decedent died on August 28, 2015, and the Plaintiff and D inherited the decedent according to their respective shares of inheritance of 1/2.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8 through 10, and the purport of the whole pleadings
2. Since the Plaintiff’s legal reserve of inheritance was infringed upon due to the Plaintiff’s real estate and cash donation to the Defendants asserted by the inheritee, the Defendants should return to the Plaintiff the legal reserve of inheritance inherited by the Plaintiff within the scope of the property donated to the Plaintiff.
3. In a case where there is a shortage in the Plaintiff’s legal reserve of inheritance due to the inheritance before the inheritee’s birth against the Defendants, the Plaintiff may seek the return of the property donated to the Defendants within the extent of the shortage as the inheritor of the inheritee. Accordingly, we examine whether there was a shortage in the Plaintiff’s legal reserve of inheritance.
(a) The calculation method of shortage in the plaintiff's legal reserve of inheritance shall be as follows:
Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - the amount of the person entitled to the legal reserve of inheritance - A/D) the amount of the legal reserve of inheritance - The amount of the legal reserve of inheritance - B = the amount of the property acquired by the inheritance of the person entitled to the legal reserve of inheritance - the amount of the property acquired by the inheritance of the person entitled to the legal reserve of inheritance - the amount of the property to be
B. There is no dispute between the parties that there is no active inherited property and inheritance finance of the inheritee at the time of commencing the inheritance, which serves as the basis for calculating the legal reserve of inheritance (A). (2) A donation to a third party who is not a co-inheritors, in principle, not co-inheritors, shall be commenced.