2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

A. On October 2, 2014, the Plaintiff filed a lawsuit claiming collection amount against C by Changwon District Court 2014Kadan11065, and received a favorable judgment against C, which stated that “C shall pay to the Plaintiff KRW 60,000,000 and delay damages therefor,” and the said judgment became final and conclusive around that time.

B. On May 15, 2014, each of the real estates listed in the separate sheet owned by the deceased D (hereinafter “the deceased”) (hereinafter “each of the instant real estates”) (hereinafter “the instant real estates”) was registered in the name of the Defendant, who is his/her father, on the ground of legacy on November 30, 2013.

[Ground for recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including virtual number), and place of whole pleading

2. Judgment on the plaintiff's claim

A. Since the Plaintiff’s assertion that there was a violation of C’s legal reserve of inheritance, which is the deceased’s children, by testamentary gift of each of the instant real estate to the Defendant, the Plaintiff sought the execution of the procedure for ownership transfer registration against the Defendant by acting in subrogation of C’s right to claim the return of legal reserve of inheritance against the Defendant, in order to preserve his claim against C.

B. Regarding the issue of whether the obligor’s right to claim the forced inheritance can be the subject of subrogation of the obligee, the Civil Act respects the freedom of disposal of the inheritee’s property by giving priority to the obligee’s right to claim the forced inheritance once it comes into force as to the legacy or gifts of the inheritee, which infringed on the forced inheritance, while the person having the right to the forced inheritance can recover the infringed forced inheritance by exercising the right to claim the forced inheritance. In this case, the person having the right to the forced inheritance determines whether to exercise the right to claim the forced inheritance by comprehensively taking into account not only the relationship between the deceased’s will or with the deceased, but also the relationship with the donee

Therefore, the right to claim the return of the legal reserve for the personal interest of the person entitled to the legal reserve.