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1. The Defendant’s KRW 73,832,93 as well as the Plaintiff’s annual rate from September 6, 2013 to February 5, 2016.
Reasons
1. Basic facts
A. The Plaintiff, the Defendant, as C’s children, died on May 5, 2013, and the Defendant inherited the deceased’s property one-half.
B. The Deceased, before his birth, donated to the Defendant the Yongsan-gu Seoul Metropolitan Government D Apartment No. 105, 803, and the old E Apartment D1203.
The value at the time of inheritance of D apartment is KRW 1,715,00,000, and the value at the time of the closure of fact-finding proceedings is KRW 1,685,00,000, and the value at the time of the inheritance of E apartment is KRW 740,000,000, and the value at the time of the closure of fact-finding proceedings is KRW 700,000,000.
C. Before the birth, the Deceased donated Ftel Nos. 503, 504, and 505, and G 1002 located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. At the time of inheritance of real estate of the above 4 debentures and the time of the closure of the arguments at fact-finding proceedings, the sum of the value of the above 4 debentures is KRW 717,00
[Based on recognition] Evidence Nos. 1-1, 2, 3, 3-1, 4-1, 1, 2, 3, 4-20-1, 2, 3, 43, and 44-1, 20-3, 43, and 44-2, the result of appraiser H’s market appraisal, the purport of the whole pleadings
2. Determination:
(a) Shortage in the calculation method of shortage in the legal reserve = [The ratio of the person with the right to the legal reserve of inheritance of X (B) - the special benefit of the person with the right to the legal reserve of inheritance of X (C) - the net benefit of the person with the right to the legal reserve of inheritance of the corresponding legal reserve of inheritance (D)] = The amount of positive inherited property - B = the amount of inheritance of the lineal descendant of the inheritee 1/23 = the amount of inheritance of the person with the right to the legal reserve of inheritance = the amount of property acquired by inheritance of the person with the right to the legal reserve of inheritance
B. 1) The Defendant’s property donated from the deceased: D apartment and E apartment, the Defendant asserted that, at the time of the deceased’s donation of D apartment from the deceased, the secured debt should be deducted from KRW 100 million in calculating the value of Amata. However, according to the evidence No. 3-1, in light of the fact that the obligor of the above secured mortgage becomes the Defendant.