1. The judgment of the first instance court, including the modification of the claim in this court, shall be modified as follows:

Defendant C is the Plaintiff.

1. The reasons why the court should explain this part of the facts of recognition are as stated in the judgment of the court of first instance, except for the deletion of the part of “Defendant C renounced inheritance” by the fifth (based on the part below in the table) of the judgment of the court of first instance, and therefore, this part of the facts of recognition is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and

(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:

Shortage in the legal reserve = [A] The basic amount of property calculated as the legal reserve 】 the ratio of the person having the right to the legal reserve 】 the special profit (C) - the amount of the right to the legal reserve ? The amount of the net share of inheritance (D) of the person having the right to the legal reserve ? The amount of the positive inherited property - B = the amount of the inheritance obligation of the inheritee 1/23 = the amount of the property acquired by the person having the right to the legal reserve - the amount of the property acquired by the inheritance of the person having the right to the legal reserve - the

B. According to Article 1114 of the Civil Act, the basic amount of property(A) calculated as the basis for the calculation of the legal reserve of inheritance (A), a donation to be included in the basic property for the calculation of the legal reserve of inheritance was made for one year prior to the commencement of the inheritance. However, when both parties knew that damage would be inflicted on the person entitled to the legal reserve of inheritance, the donation made one year prior to the commencement of the inheritance includes the donation

However, in a case where there is a person among co-inheritors who has made a special benefit from a pre-sale donation of property from an inheritee, the provisions of Article 1114 of the Civil Act excludes the application thereof. Accordingly, the donation is included in basic property for calculating legal reserve of inheritance regardless of whether one year has passed prior to the commencement of inheritance, and whether both parties knew that damage would be inflicted (see Supreme Court Decision 95Da17885, Feb. 9, 1996).