A. The deceased C (hereinafter “the deceased”) died on February 17, 2017. The deceased’s heir is the Plaintiff, the Defendant, D, and E, who is the deceased’s children.

B. On April 6, 2011, the Deceased donated F apartment G (hereinafter “instant F apartment”) to the Defendant on the F apartment G (hereinafter “instant F apartment”), and completed the registration of ownership transfer on the same day.

C. On January 27, 2010, the instant F apartment was incorporated into the H Housing Redevelopment Improvement Project Zone, and the H Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) sold the instant F apartment to the Defendant at KRW 306,150,000, the amount of KRW 84B of the 10th, Busan J Apartment-dong, Busan (hereinafter “instant new apartment”), a new apartment, to the Defendant around April 2015, the instant F apartment was calculated as KRW 94,815,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 10 (including number number; hereinafter the same shall apply), each fact inquiry about HH Housing Redevelopment Project Head of this court, the purport of the whole pleadings, as a whole.

2. The assertion and judgment

A. The plaintiff's assertion infringed the plaintiff's right to legal reserve of inheritance by receiving the F apartment of this case, the only property of the deceased, from the deceased. The defendant is obligated to pay the plaintiff 1/8 of the amount equivalent to the plaintiff's legal reserve of inheritance among the amount equivalent to the property value of the F apartment of this case.

However, the instant F apartment was demolished or destroyed due to the implementation of the redevelopment project in this case, and the Defendant acquired the right to sell the instant new apartment from the instant partnership. As such, the Defendant is obligated to pay KRW 24,073,125, which is the Plaintiff’s forced share of KRW 192,585,00, deducting the Defendant’s share of KRW 211,385,000, which is the market price at the time of the commencement of the inheritance of the instant new apartment that was sold to the Plaintiff, from the share of KRW 43,97,125, which is the amount equivalent to the market price at the time

B. Determination 1: Legal reserve of inheritance