1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. C married with D on April 9, 1956, but divorced on January 11, 1966, and divorced on July 2, 1968, but divorced on September 12, 1981. On October 12, 1981, C married with F, but divorced on July 12, 201.

B. C died on December 4, 2015, and his heir has children, Plaintiff, Defendant, G, and H.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 3, and the purport of whole pleadings

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, if there is a person among co-inheritors who has made a special benefit from the pre-sale donation of the property from the inheritee, the provisions of Article 1114 of the Civil Code shall be excluded. Accordingly, the donation shall be included in the basic property for calculating the legal reserve regardless of whether it had been before the commencement of the inheritance one year, whether both parties knew that it would inflict damage.