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1. Defendant C:
A. As to the Plaintiff A’s KRW 188,536,593 and its KRW 137,50,000 among them, the amount of KRW 137,50,00 shall be from June 1, 2017; and KRW 51,036.
Reasons
Facts of recognition
A. The deceased H (hereinafter “the deceased”) died on January 5, 2016, and Plaintiff A, B, Defendant C, and I as his/her child.
Defendant F is the spouse of Defendant C, and Defendant D and E are the children of Defendant C, and Defendant G is the children of Plaintiff B.
B. On March 30, 2015, the Deceased bequeathed the Seodaemun-gu Seoul Western apartment No. 112, 1203 (hereinafter “instant apartment”) to Defendant C.
C. D. D. D. 8/130 of the share of 8/130 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 102, D. D. 102 of L-based building No. 102, Seodaemun-gu, Seoul, Seodaemun-gu, Seoul, Seodaemun-gu, Seoul, 51 square meters a. 42 square meters in Seodaemun-gu, Seodaemun-gu, Seoul, N. 32 square meters E. 23 square meters in Seodaemun-gu, Seodaemun-gu
C. On April 21, 2015, the Deceased donated each real estate owned by the Deceased to Defendant D, E, F, and G as indicated below.
There is no inheritance obligation found at the time of the deceased’s death.
[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 through 10, 13, 15 through 19, Eul's evidence Nos. 4, 6, and 8 (including paper numbers; hereinafter the same shall apply), and the result of the fact inquiry to the head of Seodaemun-gu in this court, the result of the fact inquiry to the head of Seodaemun-gu in this court, each of the fact inquiry to the P&D association of the P&D of the court, the deceased asserted the purport of the whole pleadings, donated real estate to defendant D, E, F, and G before birth, and the deceased bequeathed real estate to the defendant C. Accordingly, the legal reserve of inheritance
Therefore, Defendant C and the Defendants primarily have the duty to return the shortage in their respective legal reserve of inheritance to the Plaintiffs.
Article 1113(1) of the Civil Act provides that "The legal reserve of inheritance shall be calculated by adding the value of the property held at the time of the commencement of inheritance to the value of the property held at the time of the commencement of inheritance by the inheritee, and deducting the total amount of the debts." The shortage in legal reserve of inheritance = [A] 】 The legal reserve of inheritance of the person with the right to legal reserve of inheritance (B) - the person with the right to legal reserve of inheritance.