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1. For the plaintiffs:
A. As to the Defendant C’s KRW 166,774,483 and its KRW 165,909,091, respectively, from February 23, 2015.
Reasons
1. The following facts do not conflict between the Parties:
E (hereinafter “the decedent”) died on October 2, 2014, and the decedent was the spouse, G, H, and the Plaintiffs as his/her spouse, and G had the Defendants as their children without their spouse and died on September 14, 2013.
2. The Plaintiffs’ assertion made a donation amounting to KRW 11,083,836,410 to G before the death, and as a result, each of the Plaintiffs suffered shortage in legal reserve of KRW 689,630,582 from the donation before death, Defendant C is obligated to pay the Plaintiffs the amount of KRW 344,815,291, and Defendant D is obligated to pay the amount of KRW 344,815,291, and delay damages.
3. Determination
A. The calculation method of shortage in the legal reserve = The amount of violation of the return of the legal reserve of inheritance to the co-inheritors within the extent of shortage when there is a shortage in the legal reserve of inheritance due to the inheritance to other co-inheritors, etc. = [A] 】 the special benefit (C) of the person having the right to the legal reserve of inheritance 】 the amount of the person having the right to the legal reserve of inheritance ＋ the amount of positive inherited property ＋ the amount of the inheritance ＋ the amount of the inheritance ＋ 1/23 = the amount of the inheritance ＋ the amount of the property acquired by the person having the right to the legal reserve of inheritance / the amount of the inheritance / the amount of the inheritance / the amount of the property acquired by the person having the right to the legal reserve of inheritance / the amount of the inheritance - the amount of the inheritance obligation share - the amount of the inheritance obligation share
B. According to the record on the certificate No. 6 of positive inherited property A (A) and the market value appraisal by Sam Chang Chang Corporation Co., Ltd., the decedent owned 388 square meters in Gangseo-gu Seoul Metropolitan Government I at the time of death, and the market value of the above land was KRW 1,297,90,000 at the time of October 2, 2014.