1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. Since the Plaintiff’s assertion D donated 1/2 shares out of the instant land to the Defendant, a fraud, before the Plaintiff’s birth, and there was a shortage in the Plaintiff’s legal reserve of inheritance, the Defendant is obligated to return to the Plaintiff one-20 shares equivalent to the Plaintiff’s legal reserve of inheritance among the instant land.

B. 1) According to the evidence No. 3-1 of this case, it is acknowledged that the transfer registration of ownership was completed to the defendant on the ground of sale as of September 15, 200 with respect to 1/2 shares out of the land of this case owned D. Thus, it is not sufficient to recognize that the defendant acquired 1/2 shares out of the land of this case on the ground of the party principal examination against the plaintiff at the court of first instance as the result of the party principal examination at the court of first instance, and there is no other evidence to recognize otherwise, the plaintiff's above assertion on the premise that D donated 1/2 shares out of the land of this case to the defendant. Furthermore, the donation to a third party who is not a co-inheritors can be claimed as a forced portion of inheritance only for one year prior to the commencement of inheritance, in principle, only if both parties knew that it would inflict damage on the person entitled to legal reserve of inheritance at the time of donation, and it can be viewed that there was a value exceeding 1/2 of the gift in this case to be a third party co-inheritors.