1. On October 19, 2016, the Defendant’s share of 1/13 of the real estate stated in the separate sheet to the Plaintiffs.

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on February 7, 2016. As the deceased’s heir, there were the Plaintiffs, children, the Defendant, F, and G, who are the wife of the deceased.

B. On December 18, 2015, the Deceased completed the registration procedure for ownership transfer on December 10, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on the ground of donation.

C. Upon consultation on the division of inherited property on March 28, 2016, the Plaintiffs, the Defendants, E, F, and G completed the registration of ownership transfer based on inheritance on April 4, 2016 due to consultation and division on February 7, 2016, with respect to H 5,346 square meters of forest land in the name of the Deceased, and completed the registration of ownership transfer based on inheritance on February 7, 2016 by G on March 28, 2016, with respect to 2,159 square meters of land before Sejong Special Self-Governing City I.

There is no small property at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8-1, 13-2, and the purport of the whole pleadings

2. Determination

A. Since the Plaintiff’s assertion of this case’s real estate was donated to the Defendant and the Plaintiffs’ legal reserve of inheritance was infringed, the Defendant should return the legal reserve of inheritance to the Plaintiffs.

B. 1) According to the facts found above, the plaintiffs, as co-inheritors of the deceased, may seek the return of the legal reserve when there is a shortage of legal reserve of inheritance due to the deceased's donation of the real estate in this case to the defendant, to the extent of the shortage. 2) The calculation method of legal reserve of inheritance is calculated by adding the value of the property owned by the deceased at the time of the commencement of inheritance to the value of the property owned by the deceased at the time of the commencement of inheritance, and deducting the total amount of the debts (Article 1113(1) of the Civil Act). The specific method of calculating shortage in legal reserve of inheritance is as follows: The shortage in legal reserve of inheritance = The amount of the legal reserve of inheritance (A) x the ratio of the legal reserve of inheritance (B)