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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. C married with the Defendant, but around 2003, divorced by conciliation in the Daegu District Court’s Family Branch case of divorce 2003Ddan4763.
B. Meanwhile, on August 9, 199, C completed the registration of ownership transfer on the ground of donation (hereinafter “instant donation”) to the Defendant with respect to the land and its ground buildings (hereinafter “instant real estate”).
C. C A died on February 10, 2014, and his heir is the Plaintiff, E, and F.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion that the defendant received the real estate of this case from C and acquired special profits equivalent to KRW 350 million equivalent to the value thereof. Thus, C's heir, who is entitled to legal reserve of inheritance, shall pay the plaintiff 87,500,000 won (=the defendant's special profits amount of KRW 350,000 x 1/2 x 1/2) and delay damages.
B. As a matter of principle, a donation to a third party, who is not a co-inheritors, may be claimed for the recovery of legal reserve of inheritance only in one year prior to the commencement of the inheritance. However, when both parties knew that damage would be inflicted on the person entitled to legal reserve of inheritance at the time of the donation, a claim for the recovery of legal reserve of inheritance is allowed even if the donation was made one year prior
In a case where lineal descendants with a half of the statutory inheritance at the time of donation are expected to return as co-inheritors, in order to deem that the donation to a third party was made with knowledge that the third party would inflict damage on the person entitled to legal reserve of inheritance, not only the circumstance the two parties knew that the value of the donated property at the time of donation exceeds the value of the remaining property, but also the increase in the property of the inheritee until the commencement of inheritance in the future.