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1. Of the judgment of the first instance, the part against the Defendants of the Plaintiff A, including the claims extended and added by this court.
Reasons
1. Basic facts
A. The plaintiff A, the defendants, the co-defendant F, G, H, and the network I are children of the network J and the network K. The co-defendant B of the first instance court is the spouse of the network I, and the plaintiff C are the children of the network I.
B. The network I died on December 15, 1996, and the network K died on November 20, 201.
C. The Network J died on June 15, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings
2. Judgment on the main defense of this case
A. On March 6, 2018, after the judgment of the court of first instance was rendered, the Defendants asserted by the Defendants and the joint Plaintiff B of the first instance court agreed that the Defendants paid KRW 8 million to the joint Plaintiff B of the first instance court, and that the joint Plaintiff B and the Plaintiff C did not file a claim for restitution of legal reserve of inheritance and the lawsuit. The Plaintiff C filed an appeal in violation of the non-appeal agreement.
B. It is not sufficient to recognize that the statement of No. 46 of the judgment No. 46 alone made an agreement that the Plaintiff C did not appeal, and there is no other evidence to acknowledge it, and the Defendants’ main defense is without merit.
3. Judgment on the claim for restitution of forced portions
A. Since the plaintiffs' legal reserve of inheritance was infringed upon due to cash and donation of real estate by the deceased's inheritance against the Defendants, the Defendants should return shortage to the plaintiffs.
(1) On October 19, 2018, the plaintiff finally organized claims on the amount of property, which is the basis of calculating the legal reserve of inheritance, and the amount of special benefits of the person with the right to the legal reserve of inheritance. (2)
According to Articles 1112 and 1113 of the Civil Act of the calculation method of shortage in the legal reserve of inheritance, the shortage in the legal reserve of inheritance of the plaintiffs is calculated by the following methods after the specific property that forms the basis for calculating the legal reserve of inheritance at the time of the commencement of inheritance (hereinafter shortage in the legal reserve of inheritance = [A] 】 the ratio of the legal reserve of inheritance of the persons with the right to legal reserve of inheritance (B)