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1. The defendant paid KRW 21,063,694 to the plaintiff as well as 5% per annum from February 6, 2020 to August 12, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff, the Defendant, and Nonparty C are the children of Nonparty D (hereinafter “the deceased”), and the Deceased died on or around July 9, 2019. The Deceased’s spouse, the Plaintiff, the Defendant, and the mother of Nonparty C died on or around January 2018.
B. On August 29, 2002, the registration of ownership preservation was completed in the name of the deceased on the grounds of inheritance due to the consultation and division on May 2, 2018, the deceased disposed of the above real estate around May 2018.
C. On March 12, 2018, the Deceased delivered C KRW 30 million in total, including KRW 7 million on March 12, 2018, KRW 7 million on March 12, 2018, KRW 263,000,000 on August 23, 2018, KRW 10,000 on May 9, 2019, and KRW 50,000 on May 20, 2019, and the Defendant delivered KRW 35 million on September 14, 2018, to the Plaintiff under the direction of the Deceased.
[Reasons for Recognition] A-1 through A-6, 6-1 and 2, each entry in the H Bank in this Court, October 1, 2019, November 14, 2019, orders to submit financial transactions to the H Bank as of December 19, 2019, orders to submit financial transactions to the I Bank as of November 11, 2019, orders to submit financial transactions to the I Bank as of December 11, 2019, orders to submit financial transactions to the I Bank as of December 16, 2019, replys to the J Bank as of September 26, 2019, replys to orders to submit financial transactions by November 8, 2019, orders to submit financial transactions to the K Association as of September 26, 2019, orders to submit financial transactions to the I Bank as of September 26, 2019, purport of all pleadings as of the whole.
2. Judgment on the party's assertion
A. The Plaintiff’s assertion infringed the Plaintiff’s legal reserve of inheritance by increasing the amount of cash of KRW 30,000,000 from the deceased before the deceased’s birth, and KRW 7,000,000, respectively, and thus, the Defendant shall return to the Plaintiff the amount of the claim’s legal reserve of inheritance equivalent to the amount stated in the claim.
(b) Shortage in the calculation method of shortage in the legal reserve of inheritance = [A] 】 the ratio of the person entitled to the legal reserve of inheritance to the legal reserve of inheritance (B) - the special benefit amount of the person entitled to the legal reserve of inheritance (C) - A = the net share of inheritance of the person entitled to the legal reserve of inheritance (D).