1. On July 5, 2016, the Defendant shall enter the Plaintiff in the attached list and enter each of the real estate in the attached list in 1/6 shares.

1. Facts of recognition;

A. C: (a) died on December 3, 2005 while possessing the real estate listed in the separate sheet; and (b) on April 26, 2006, on the real estate listed in the separate sheet, D, Defendant, and E filed a share transfer registration for each of 1/3 shares of the real estate listed in the separate sheet due to an inheritance by agreement division.

B. D (hereinafter “the deceased”) was married to the Plaintiff and died on June 5, 2016 without having a child.

C. On November 18, 2010, the Deceased had each share of 1/3 of the real estate listed in the separate sheet (hereinafter “instant share”). On November 16, 2010, the Deceased completed the registration of transfer of each share on the ground of donation on November 16, 2010 to the Defendant.

At the time of the deceased’s death, there was no separate donated property or inheritance obligation except for the instant shares.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Eul evidence 1-1, the purport of the whole pleadings

2. Determination

(a) The legal reserve of inheritance for issues shall be calculated by adding the value of donated property to the value of the property possessed by the decedent at the time of the commencement of the inheritance, and deducting

(Article 1113(1) of the Civil Act. However, the fact that there is no inherited property and inheritance obligation at the time of the death of the deceased is the same as mentioned above, so it is a problem of calculating the biological donated property of the deceased.

B. As a matter of principle, a donation to a third party other than one co-inheritors of the deceased's biological property may be claimed only when it was performed one year prior to the commencement of the inheritance. However, when both parties knew that it would inflict damage on the person entitled to legal reserve of inheritance at the time of the donation, a claim for return of legal reserve of inheritance is allowed even if it was made one year prior to the commencement of the inheritance.

However, in order to deem that the donation to a third party was made with knowledge that it would inflict damage on the person entitled to legal reserve of inheritance, both parties shall have donated the value of the donated property at the time of donation.