1. The Defendant’s KRW 42,236,020 as well as the Plaintiff’s annual rate of KRW 5% from November 1, 2016 to November 10, 2017.

1. Basic facts

A. The Plaintiff is the difference between the deceased C (the deceased on August 15, 2016, hereinafter “the deceased”). The Defendant is the head of the deceased, and the heir of the deceased, other than the Plaintiff and the Defendant, D and E.

B. On February 28, 1998, the Deceased completed the registration of ownership transfer on the grounds of donation on February 27, 1998 with respect to each real estate listed in the annexed Tables 1 and 2, which was owned by the Deceased, and completed the registration of ownership transfer on October 13, 2009 with respect to Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do on October 13, 2009 on the basis of donation on October 13, 2009.

(hereinafter the above real estate was incorporated into each of the above real estate, and each of the above donations was incorporated into each of the above donations, and thus, "each of the above donations".

On June 15, 2012, the said G field was divided into 3 real estate and 123 square meters in Ulsan-gu G field as indicated in the attached list on June 15, 2012. The said G field 123 square meters was subsequently acquired by consultation between Ulsan-gu and Ulsan-gu. The Defendant was paid KRW 28,384,00 as compensation for the said land.

The deceased did not have active and inherited property at the time of his death, which is inherited property, and the inheritance debts. The value of each real estate listed in the separate sheet at the time near the time of his death is the sum of 689,184,160 won.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including paper numbers), the result of the request for market price appraisal by this court, the result of the inquiry and reply to the head of Ulsan Metropolitan City other than Ulsan Metropolitan City, the purport of the whole pleadings

2. Determination

A. According to the method (1) of the occurrence and calculation of the right to claim the return of legal reserve of inheritance, when there is a shortage of legal reserve of inheritance between the deceased and the defendant as a co-inheritors who donated each of the instant real estate to the defendant, the plaintiff can claim the return of legal reserve of inheritance against the defendant to the extent of the shortage. In this case, the calculation method of

Shortage in legal reserve of inheritance = [A] amount of property on the basis of calculation of legal reserve of inheritance 】 ratio of legal reserve of inheritance (B)] - person with legal reserve of inheritance of legal reserve of inheritance.