1. In accordance with the purport of the claim as modified by this court, the judgment of the first instance is modified as follows:

The defendant is the plaintiff.

1. Facts of recognition;

A. H (hereinafter “the deceased”) died on June 3, 2016, and the deceased’s heir is the rest of the Plaintiffs and the Defendant, who are the spouse of the Plaintiff A and the deceased.

B. On October 31, 2007, the Deceased donated each real estate listed in [Attachment List 1 and 2 (hereinafter “each of the instant real estate”) to the Defendant, and on November 7, 2007, the ownership transfer registration was made in the name of the Defendant for each of the said real estate.

C. The value of each of the instant real property at the time of commencing the inheritance against the Deceased is KRW 321,476,80, and the value of each of the instant real property at the time of April 27, 2018 is KRW 346,360,90.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 3 (including all branch numbers; hereinafter the same shall apply), the result of each commission of appraisal by the appraiser J of this court on September 17, 2018, and the purport of the whole pleadings, as a result of each commission of appraisal by the appraiserJ of this court on March 8, 2019,

2. Judgment on the claim for restitution of legal reserve

A. Since the Plaintiffs are co-inheritorss of the deceased’s right to claim the return of the legal reserve of inheritance, in a case where there is a shortage in their legal reserve of inheritance due to the donation made by the deceased to the Defendant who is another co-inheritors, the Plaintiffs may claim the return of the property

(b) The method of calculating the shortage of legal reserve of inheritance shall be the method of adding the value of the donated property to the value of the property held by the decedent at the time of commencing the inheritance (Article 1113(1) of the Civil Act), which shall be the method of calculating the total amount of debts

Shortage in the legal reserve = [A] 】 The amount of the special profit (C) of the person holding the right to the legal reserve of inheritance - The amount of the property with the right to the legal reserve of inheritance - A = the amount of the property with the right to the legal reserve of inheritance - the amount of the property with the right to the legal reserve of inheritance - B = the amount of the property with the right to the legal reserve of inheritance 1/23 = the amount of the property with the right to the legal reserve of inheritance d = the amount of the property with the right to the legal reserve of inheritance .