A. C (hereinafter “the deceased”) died on March 15, 2018, and the deceased’s inheritors are children, both the Plaintiff and the Defendant.

B. On May 1, 2002, the Deceased completed the registration of ownership transfer due to the sale on March 29, 2002 with respect to each real estate listed in the separate sheet on May 1, 2002 (hereinafter “each of the instant real estate”), but the reason for registration is the donation of real property.

C. The Deceased did not have any particular positive and negative property at the time of death.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 7, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the deceased donated each of the instant real estate to the Defendant before his birth, and donated KRW 100 million around 2005.

Therefore, the Defendant is obligated to perform the registration procedure for ownership transfer with respect to one-fourths of each of the instant real estate, due to the return of legal reserve of inheritance, and the above KRW 100 million shall be returned to the Plaintiff, and KRW 25 million shall be returned.

(2) On February 20, 2020, the plaintiff asserted that the plaintiff shall return KRW 31,574,185, 126,296,74,743, which was converted into the monetary value at the time of inheritance from the briefs of February 20, 202 to the monetary value at the time of inheritance, but he did not modify

Judgment

(1) The evidence submitted by the Plaintiff on the basis of the calculation of legal reserve of inheritance alone is insufficient to readily conclude that the deceased donated KRW 100 million to the Defendant before the deceased’s birth, and there is no other evidence to acknowledge this, so the basic property in the calculation of legal reserve of inheritance of this case is limited to

(2) According to the facts of the above recognition, each of the instant real property is a property that the Defendant specially benefiting from the donation by the deceased’s biological donation, and its entire amount is included in the basic property for calculating legal reserve (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). The Defendant received each of the instant real property from the deceased by donation from the deceased, thereby infringing the Plaintiff’s legal reserve of inheritance.

Therefore, the defendant shall be entitled to legal reserve of shares of the plaintiff 1/4 of each of the instant real estate.