1. The plaintiff's claim is dismissed.

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

1. Determination on the cause of the claim

A. On July 16, 2014, the Plaintiff’s summary of the Plaintiff’s assertion extended KRW 4,900,000 to D respectively, KRW 3,700,000 on August 16, 2014, and KRW 10,000 on October 1, 2014.

D on January 7, 2015, the real estate listed in the separate sheet (hereinafter “instant real estate”) was donated to the Defendant.

On the other hand, D died on June 16, 2015, and D transferred 3/5 of D's inherited property as spouse and 2/5 of C's lineal descendant, respectively.

Accordingly, the Plaintiff filed a lawsuit against the Defendant and C for restitution and repayment of loans with the Daejeon District Court’s official branch. On November 22, 2016, the said court “C” with respect to the Plaintiff and C, “C shall pay KRW 7,440,000 to the Plaintiff within the scope of the property inherited from the deceased D.

The decision of recommending reconciliation was made with the content of "reconciliation," and the decision of recommending reconciliation became final and conclusive at that time.

Therefore, C has the legal reserve of inheritance with respect to 1/5 of the instant real estate as the heir of the deceased D. Accordingly, C’s creditor can exercise the right to claim the return of the said legal reserve of inheritance on behalf of C, and accordingly, the Defendant is obligated to implement C with respect to 1/5 of the instant real estate due to the return of the legal reserve of inheritance.

B. On the other hand, the former Civil Code respects the freedom of disposal of the property of the inheritee by taking effect as the deceased's intention once it comes into force on the legacy or gifts of the inheritee, and is entrusted to the choice of the person holding the right to the legal reserve of inheritance by exercising the right to claim the return of the legal reserve of inheritance. In this case, the person holding the right to the legal reserve of inheritance can decide whether to exercise the right to claim the legal reserve of inheritance by comprehensively considering not only the relationship between the deceased and the deceased, but also the relationship between the donee

If so, the right to claim the forced reserve of inheritance is the personal right of the person with the forced reserve of inheritance.