1. As to the Plaintiff’s share of 16,346,197/75,49,000 square meters among the 1,466 square meters in Sejong Special Self-Governing City, the Defendant was January 21, 2016.

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on September 10, 2015. At the time, the deceased was the heir of the deceased, E and the deceased were the deceased.

The defendant is a child of E.

B. At the time of the deceased’s death, KRW 10,114,210 of the post office deposit claims were due, and there was no obligation.

C. Prior to the birth of Sejong Special Self-Governing City, the Deceased owned a 1,466 square meter (hereinafter “instant real estate”) and donated the instant real estate to the Defendant on July 3, 2013, prior to the death. The value at the time of commencing the inheritance of the instant real estate is KRW 75,49,000.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 2, 3, and Eul No. 1, and the result of the market price appraisal commission to appraiser F of this court, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion No. 1-C.

Since the plaintiff's legal reserve of inheritance was infringed due to the birth donation entered in the port, the defendant has a duty to return the original claim and return the value to the plaintiff mainly, as stated in the purport of the claim, in short of legal reserve of inheritance.

The plaintiff's lawsuit of this case is seeking a return of shortage in legal reserve of inheritance against the defendant, not co-inheritors, and it is not determined as to the assertion that the above donation is a special benefit of E.

(b) Shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property possessed by the decedent at the time of commencing the inheritance, but deducting the total amount of debts; and

(Article 1113(1) of the Civil Act. The method of calculating shortage in specific legal reserve of inheritance is as follows:

Shortage in the legal reserve = [A] 】 The ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - A/D of the person entitled to the legal reserve of inheritance of the inheritance of the deceased - The amount of the legal reserve of inheritance of the deceased 1/23 = the amount of the legal reserve of inheritance of the deceased / the amount of the legal reserve of inheritance of the deceased / 1/23 = the amount of the legal reserve of inheritance of the lineal descendants of the deceased /