1. The Defendant returned the Plaintiff’s legal reserve of inheritance on October 28, 2016 with respect to 1/11 of each of the real estate listed in the separate sheet.

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 through 4 (including additional numbers), C (hereinafter “the deceased”) donated each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on June 20, 2012, and completed the registration of transfer of ownership on June 22, 2012, the deceased died on November 11, 2015, and D, the deceased’s spouse, son, the Plaintiff, Defendant, and E, and F inherited the deceased’s property, and the facts that there was no other inherited property at the time of the deceased’s death can be acknowledged.

Therefore, barring any special circumstance, there is a shortage of legal reserve of inheritance due to the deceased's donation to the defendant.

B. The Korean Civil Act recognizes the system of legal reserve of inheritance and provides for the method of return of legal reserve of inheritance in Articles 1112 through 1118, but does not provide for the method of return of legal reserve of inheritance. However, it is a normal method to return the property subject to inheritance or testamentary gift itself. Thus, if the person with the right to legal reserve of inheritance claims the return of legal reserve of inheritance by the method of return of the original property and it is possible to return the original property, the court should order the return of the original property by the method requested by the person with

(See Supreme Court Decision 2005Da71949 Decided May 26, 2006, etc.). In the instant case, health class, the Plaintiff sought the return of originals, and the Defendant still owns the instant real estate, thereby enabling the return of originals. Therefore, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership regarding the Plaintiff’s legal reserve of inheritance (=2/11 of statutory inheritance x 1/2) among the instant real estate.

2. The defendant's assertion and judgment

A. First of all, the Defendant donated the instant real estate to the deceased on the condition of his support. Accordingly, the Defendant is the sum of the deceased from January 2013 to June 2015.