A. The plaintiff is the non-party deceased C (Death on April 21, 2008) and the deceased D's father, and the defendant was adopted on April 7, 2008 by the above C and D.

B. The instant real estate was originally owned by the said D, and on May 20, 201, the Defendant completed the registration of ownership transfer for the instant real estate on the ground of a donation made on April 14, 2011.

Meanwhile, around November 2013, the Plaintiff received KRW 123 million from the said D (hereinafter “the instant money”).

C. The deceased D (hereinafter “the deceased”) died on May 30, 2014, and his heir is the Plaintiff and the Defendant.

The deceased did not have any special property or obligation at the time of death, and the value of the instant real property based on around the above time is KRW 477,391,940.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), appraiser E's appraisal result, and purport of whole pleading

2. Determination

A. According to the facts of the above recognition of the claim for the return of legal reserve of inheritance, the real estate of this case donated by the Defendant from the deceased is included in the basic property for calculating legal reserve of inheritance, and the part that infringed upon the Plaintiff’s legal reserve of inheritance due to the donation of the real estate

In this regard, the defendant argued that the right to claim the return of forced inheritance has expired one year since the plaintiff knew the fact at the time of the donation of this case, but the above argument cannot be accepted as there is no evidence to acknowledge it.

B. 1) The scope of return of statutory reserve of inheritance is calculated based on the statutory reserve of inheritance calculated by multiplying the property by the ratio of the claimant’s statutory reserve of inheritance, by the total property of the deceased’s net property and the donated property at the time of commencing the inheritance. The market value of the donated property ought to be calculated based on the time of commencing the inheritance (see, e.g., Supreme Court Decision 2010Da29409, Apr. 28, 201). Meanwhile, the method of calculating the statutory reserve of inheritance is as follows.

Amount of violation of legal reserve of inheritance =.