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1. The Defendant: 5% per annum from July 6, 2017 to October 2, 2018 with respect to each of the Plaintiffs’ KRW 31,836,823 and each of the said money.
Reasons
1. Facts of recognition;
A. The Plaintiffs and the Defendant are co-inheritorss with the children of the deceased F (Death on August 12, 2016, hereinafter “the deceased”) and their statutory shares in inheritance are 1/5, respectively.
B. The real estate indicated in the attached list (hereinafter “instant real estate”) was owned by the deceased, and was transferred to the Defendant on the 20th of December, 2005 due to the donation from December 19, 2005.
C. At the time of the deceased’s death, there was no inherited property and inheritance obligation.
The value of the instant real property is KRW 321,923,400 at the time of the deceased’s death.
[Ground of Recognition] Unsatisfy Facts Gap 1 to 3, and 5 through 8, the result of a request for market price appraisal to G by this court, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiffs’ assertion asserts that the deceased donated the instant real estate to the Defendant before his birth, thereby infringing on the Plaintiffs’ legal reserve of inheritance, and sought the return of the legal reserve of inheritance against the Defendant.
B. (1) Determination (1) The Defendant’s calculation method of the legal reserve to be returned to the Defendant can be calculated by multiplying the shortage in the legal reserve of inheritance of the Plaintiffs calculated as follows by the ratio of the Defendant’s excessive portion of the legal reserve of inheritance of the co-inheritors donated in excess of their own legal reserve of inheritance by the amount of excess of the legal reserve of inheritance of the co-inheritors donated in excess of their own legal reserve of inheritance from the deceased, including the Defendant.
Shortage in the legal reserve of inheritance = [A] The ratio of the plaintiffs' respective legal reserve of inheritance (A) - The amount of the plaintiffs' special earnings (C) - The amount of the plaintiffs' net inheritance (D) - The amount of positive inheritance inheritance - The amount of inheritance debts B = the amount of property acquired by inheritance of the person having the right to the legal reserve of inheritance - the amount of property acquired by inheritance of the person having the right to the legal reserve of inheritance - the amount of property acquired by inheritance of the person having the right to the legal reserve of inheritance - the amount of property acquired by inheritance of the person having the right to the legal reserve of inheritance - the amount of property (A) calculated as the basis for calculating the legal reserve of inheritance