1. The Defendant shall return to the Plaintiff the legal reserve of inheritance on June 11, 2013 with respect to the portion of 1/10 out of the portion of 326.3 square meters in Jeonju-si.

Facts of recognition

The deceased D(hereinafter “the deceased”) died on April 29, 2009, and the Plaintiff, Defendant, E, F, and G, who were their children, succeeded to the deceased’s property.

On December 28, 2006, the Deceased bequeathed the real estate indicated in its order (hereinafter “instant real estate”) to the Defendant, and the Defendant completed the registration of ownership transfer based on testamentary gift on September 9, 2009.

At the time of death, the Deceased did not have any property or liability other than the instant real estate.

[Reasons for Recognition] According to the facts without dispute, Gap evidence Nos. 1, 2, 4, and Eul evidence No. 3, and the purport of the entire pleadings, the obligation to return the legal reserve of inheritance of this case, which is the only property of the defendant, was recognized, and there was a shortage in the plaintiff's legal reserve of inheritance. Thus, the defendant is obligated to return the plaintiff's insufficient legal reserve of inheritance.

Although the Civil Act does not provide for the method of returning the legal reserve of inheritance, it is normal to return the property subject to donation or testamentary gift itself. Thus, if the plaintiff claims the return of the legal reserve of inheritance by the method of returning the original property and if it is possible to return the original property, the court shall order the return of the original property by the method requested by the plaintiff, barring any special circumstances.

(See Supreme Court Decision 2005Da71949 Decided May 26, 2006). Furthermore, the amount of legal reserve of inheritance of a person entitled to legal reserve of inheritance exceeds the value of the inherited property that an ancestor contributed at the time of the commencement of inheritance (a donation is, in principle, made within one year prior to the commencement of inheritance, but a donation made by an co-inheritors shall be included in all years prior to the commencement of inheritance), and the amount of the property so calculated after deducting the amount of debt that an ancestor had borne at the time of the commencement of inheritance, which is the basis of the calculation of legal reserve of inheritance.