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1. The Defendant shall return to the Plaintiff the legal reserve of inheritance on May 29, 2019 with respect to the portion of 1/4 square meters out of 46,413 square meters of forests and fields C, Gyeongbuk-gun, Gyeongbuk-do.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are children of the deceased D (the deceased on March 7, 2018; hereinafter “the deceased”).
B. On February 24, 2011, the Deceased donated the instant forest land of 46,413 square meters (hereinafter “instant forest”) to the Defendant. On March 8, 2011, the Defendant completed the registration of ownership transfer under the Defendant’s name on the ground that the instant forest land was donated.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. Article 1008 of the Civil Act, which applies mutatis mutandis pursuant to Article 1118 of the Civil Act, provides that “where there is a person among co-inheritors who has received a donation of property or testamentary gift from the inheritee, if the gift of property or testamentary gift from the inheritee does not reach his/her share of inheritance, there is a share of inheritance to the extent of the shortage in property.” This is intended to treat the gift property as the share of inheritance for the sake of fairness among co-inheritors in cases where there is a special beneficiary who received a donation of property or testamentary gift from the inheritee among co-inheritors, and to take this into account in calculating the specific share of inheritance for the sake of fairness among co-inheritors (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). Therefore, in cases where there is a person who received a donation of property from the inheritee or testamentary gift from the inheritee, the value of the special benefit should be added to the value of the property at the time of inheritance, and the forest land should be calculated, barring special circumstances.
B. The Korean Civil Code recognizes the system of legal reserve of inheritance and sets forth Articles 1112 through 1118.