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1. Defendant B’s KRW 47,325,99, and as to the Plaintiff, KRW 5% per annum from December 24, 2013 to May 15, 2015.
Reasons
1. On September 10, 1957, the basic fact-finding network E (hereinafter referred to as the “the deceased”) established 2 South and North Korean women including Defendant B and Defendant D, South South and North Korea, who were married with Nonparty F, and died on January 17, 1979, the above F was married with Nonparty G, the Plaintiff’s mother on March 28, 1979, and produced the Plaintiff on March 17, 1980.
After being divorced from the above G on May 8, 1982, it was married with Defendant C on October 12, 1982, but died on April 29, 2013, and there was no child between Defendant C and the above G.
[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The Plaintiff’s assertion was the deceased’s child, but did not inherit any property from the deceased, while the Defendants infringed the Plaintiff’s legal reserve of inheritance by inheritance of the deceased’s property from the deceased. As such, the Plaintiff sought reimbursement of the infringed Plaintiff’s legal reserve of inheritance amounting to KRW 52,883,448, and KRW 41,829,200, Defendant C, and delay damages.
3. Claim for restitution of legal reserve of inheritance:
A. The method of calculating shortage in legal reserve of inheritance shall be calculated on the basis of the amount calculated by adding the value of donated property to the value of the property at the time of the commencement of the inheritance of the inheritee and deducting the amount of inherited property from the amount of inherited property. In the case where there are persons among co-inheritors who have made special profits by means of a living donation of property from the inheritee, the provisions of Article 1114 of the Civil Act shall be excluded. Therefore, the donation shall be included in basic property for calculating legal reserve of inheritance regardless of whether or not the inheritance was commenced one year prior to the commencement of inheritance, and whether or not both parties knew that losses would be sustained (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). Meanwhile, in calculating legal reserve of inheritance
(Supreme Court Decision 2006Da28126 Decided July 23, 2009). Shortage in legal reserve of inheritance = The basis for calculating legal reserve of inheritance.