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1. On July 6, 2016, the Defendant returned to the Plaintiffs each share of 1/52 of the real estate listed in the separate sheet.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The net F (hereinafter “the network”).
(3) The Defendant and each real estate listed in the separate sheet (hereinafter “instant real estate”).
(2) On April 28, 1993, the deceased completed the registration of ownership transfer based on the sale on April 28, 1993, and around December 24, 2013, the deceased donated 1/2 shares in the name of the deceased to the Defendant. 2) The deceased died on May 17, 2016, and the co-inheritors died on May 17, 2016, and there was the Plaintiffs, children, and G as the wife.
At the time, there was no active property and liability for the deceased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. Under Article 1114 of the Civil Act, the donations to be included in the underlying property in the calculation of the legal reserve of inheritance are in principle made for one year prior to the commencement of the inheritance. However, when both parties have knowingly made a donation with the knowledge that the property would be damaged to the rightful reserve of inheritance, the donations made before one year shall be included. However, in a case where there is a person among co-inheritors who has made a special benefit from the inheritee by means of a biological donation of the property from the inheritee, the provisions of Article 1114 of the Civil Act shall be excluded. Accordingly, the donations shall be included in the basic property for the calculation of the legal reserve of inheritance regardless of whether the inheritance was commenced one year prior to the commencement of the inheritance, and whether both parties knew that the property would be damaged to the inheritee (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). Article 108 of the Civil Act provides that "where there is a person who received a donation or testamentary gift from the inheritee among co-inheritors, his/her beneficiaries may not reach the inheritance of inheritance."