1. The Defendant’s legal reserve of inheritance on April 16, 2018 with respect to each of the real estates listed in the separate sheet to the Plaintiffs.

1. Facts of recognition;

A. The deceased D (hereinafter “the deceased”) died on July 6, 2017.

The heir was the defendant, E, and F, who are children, and G died on January 30, 2013, and the plaintiffs, who are children, inherited their shares of inheritance of the deceased G.

The plaintiffs' statutory shares in inheritance are 1/8 each.

B. On September 10, 2015, the Deceased donated the real estate indicated in the attached list (hereinafter “instant real estate”) to the Defendant, and completed the registration of ownership transfer based on the following donation.

C. There was no particular positive and negative property at the time of the deceased’s death.

On the other hand, on June 8, 2020, the registration of the establishment of a neighboring mortgage against the debtor was completed in the future with the maximum debt amount of 65 million won and the debtor on June 8, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of the property, which is the basis for calculating the legal reserve of inheritance, the real property of this case is the property that the defendant specially benefiting from the deceased's donation through the birth donation, and its entire amount is included in the basic property for calculating the legal reserve of inheritance (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). The defendant received the real property of this case from the deceased and infringed the legal reserve

B. The Plaintiffs asserts to the effect that, as the deceased donated the real estate to a third party I, not co-inheritors before the birth, the basic property of the property of the third party I should be included in the property which is the basis for calculating the legal reserve of inheritance.

According to the results of the fact inquiry into the Court Administration of this Court, the appraiser J of this Court's entrustment to the appraiser J and the whole arguments, the deceased on October 20, 2006 about K Apartment L of Gangnam-gu Seoul on October 20, 2006.