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1. The Defendant: KRW 48,531,001 for each of the Plaintiffs and 5% per annum from January 15, 2016 to October 26, 2017; and
Reasons
1. Basic facts
A. D married to E, and appointed Plaintiff A, Plaintiff B, F, G, H, I, J, K, and Defendant as their children.
B. The above I died on May 7, 2002, and E died on December 17, 2004.
C. D Deceased on December 30, 2014, the Plaintiffs, F, G, H, and I’s children, J, K, and the Defendant jointly inherited the property of the deceased D (hereinafter “the deceased”). The statutory inheritance portion of the Plaintiffs and the Defendant is 1/9, respectively.
The active property at the time of the death of the deceased and its market value are as follows, and there was no separate small property.
1) 대구 수성구 L 도로 0.93㎡ : 174,840원 2) 대구 수성구 M 대지 26㎡ : 20,368,587원 3) 대구 수성구 N, M 지상 미등기건물 : 6,372,240원 ◇ 망인의 사망 당시 적극재산의 시가 합계 : 26,915,667원[=1) 2) 3)] [인정근거] 다툼 없는 사실, 갑1 내지 4호증의 각 기재(가지번호 포함), 변론 전체의 취지
2. In a case where there is a shortage of legal reserve of inheritance between the deceased and the co-inheritors who are co-inheritors, due to the donation of war, etc. by the deceased against the defendant who is another co-inheritors, the plaintiffs can seek the return of the property donated to the defendant within the extent of the shortage. As such, the issue of whether there
(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The net benefit amount (D) of the person holding the right to the legal reserve of inheritance of the inheritance of the deceased - The amount of inheritance of the deceased 1/23 = the amount of the property acquired by the person holding the right to the legal reserve of inheritance of the deceased - the amount of the property acquired by the inheritance of the person holding the right to the legal reserve of inheritance of the deceased - the amount of the property acquired by the person holding the right to the legal reserve of inheritance of the deceased
B. Legal reserve of inheritance (A) shall be calculated on the basis of the amount calculated by adding the value of donated property at the time of the commencement of inheritance to the value of donated property at the time of the commencement of inheritance.