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1. As to each of the Plaintiffs’ KRW 9,987,09 and each of the said money, the Defendant shall pay to the Plaintiffs the year from June 15, 2018 to October 30, 2019.
Reasons
1. Basic fact-finding G (hereinafter “the deceased”) married with H on September 30, 1961, and had the Plaintiffs, the Defendant, I (Death on October 6, 1986), and J as their children. After that, H died on September 15, 2013, and the Deceased on February 1, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. On March 2017, the Plaintiffs asserted that the Defendant donated KRW 149,819,386 to the Defendant as cash and checks for the purpose of acquiring the K Apartment L (hereinafter “instant apartment”) necessary purchase funds, etc. In addition, on March 13, 2017, the Plaintiff sold the land and the housing on its ground (hereinafter “instant land and housing”) to another person on March 13, 2017, and received the purchase price of KRW 178,00,000,000 from the Defendant.
Ultimately, the Defendant received KRW 327,819,386 from the Deceased (i.e., KRW 149,819,386, KRW 178,00,00). Accordingly, the Defendant violated the legal reserve of inheritance of the Plaintiffs, who are co-inheritors of the Deceased who did not inherit any property from the Deceased. As such, the Defendant is obligated to return each of the Plaintiffs’ shortage in the legal reserve of inheritance (i.e., KRW 23,415,670 (= KRW 327,819,386 x 1/7 x 1/2 x less than won).
3. Determination
A. The shortage in the calculation method of statutory reserve of inheritance is calculated according to the following calculation method. In this case, the plaintiffs' legal reserve of inheritance falls short of the calculation method.
Shortage in the legal reserve = [A] 】 The amount of special earnings (C) from the person holding the right to legal reserve ? The amount of net inheritance (D) from the person holding the right to the legal reserve ? The amount of positive inherited property - B = the amount of inheritance debts 1/23 = the amount of inheritance inheritance from the spouse and lineal descendants of the inheritee ? the amount of inheritance debts - the amount of inheritance debts - the amount of inheritance from the inheritance of the person holding the right to the legal reserve - the amount of property acquired from the inheritance of the person holding the right to the legal reserve.