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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The deceased C (Death on October 6, 1993) and the deceased D (hereinafter “the deceased”) completed the marriage report on March 15, 1945 and had five children under the supervision of the Plaintiff, E, Defendant, F, and G5.
B. Each real estate listed in the separate sheet owned by the deceased (hereinafter referred to as "each real estate of this case").
(C) On January 6, 2006, the ownership transfer registration was completed on the grounds of donation on December 28, 2005 to the Defendant. The Deceased died on October 10, 2013, and there was no positive inheritance and inheritance obligation at the time of death. [Grounds for Recognition] The fact that there was no dispute on the grounds of recognition is not covered by the evidence A Nos. 1, 2, 8 (including each number, evidence Nos. 3 and 7, and the purport of the entire pleadings, as a whole.
2. Determination as to the cause of action
(a) The method of calculating shortage in legal reserve of inheritance shall be calculated based on the amount of property determined by adding the value of donated property to the whole value of the property held by the decedent at the time of the commencement of inheritance, and deducting the inherited
If any co-inheritors have made a special benefit from the donation of the property from the inheritee before the commencement of the inheritance, the donation shall be excluded from the application of Article 1114 of the Civil Act, and shall be included in the basic property for calculating the legal reserve of inheritance, regardless of whether or not the donation has been made one year before the commencement of the inheritance or whether or not both parties
The value of donated real estate which serves as the basis for calculating legal reserve of inheritance shall be calculated as at the time of the commencement of inheritance by an ancestor.
The calculation of the legal reserve shall be made by multiplying the basic property in calculating the legal reserve by the ratio of the legal reserve under Article 1112 of the Civil Code. If there are many persons with the legal reserve of inheritance, the proportion of each person with the right to legal reserve of inheritance shall be multiplied by the ratio of the legal reserve of inheritance, and when the person with the right to legal reserve of inheritance
The shortage in the legal reserve of inheritance is the inheritance obligation to be borne by the person with the right to the legal reserve of inheritance after deducting the amount of the property acquired by inheritance from the amount of the legal reserve of inheritance.