1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The deceased C (hereinafter “the deceased”) had six children (E, Selection F, G, H, Defendant, and Plaintiff) between the wife D. The deceased died on November 7, 2014, and D died on January 2, 2016.

B. On December 18, 2012, the deceased, prior to his death, donated the instant real estate to the Defendant at the time of the Daejeon Daejeon Daejeon District Court’s Daejeon District Court’s receipt of No. 73467, Dec. 24, 2012, the registration of ownership transfer was completed in the name of the Defendant on the ground of the said donation.

C. The deceased jointly succeeded to D, the Plaintiff, the designated parties, the Defendant, E, and G due to the death of the deceased. The deceased did not have any particular positive and negative property at the time of the death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Gap evidence Nos. 6 and 7, the purport of the whole pleadings

2. According to the above facts finding as to the occurrence of the right to claim the return of the legal reserve of inheritance, the plaintiff and the designated parties may seek the return of the legal reserve of inheritance to the defendant, unless there are special circumstances, since the deceased donated the real estate of this case, which is the active inherited property, to the defendant, and there is a shortage in the legal reserve

3. Judgment on the defendant's assertion

A. On February 2013, the deceased asserted that the Defendant donated the instant real estate to the Defendant and that the Defendant donated the instant real estate to the Defendant in the presence of the designated parties on New Year’s Day.

On the other hand, after the death of the deceased, the Plaintiff participated in funeral ceremony of the deceased, and at the time of the deceased’s third party, other children of the deceased expressed that the deceased donated the instant real estate to the Defendant.

Plaintiff

At least the time of the death of the Deceased, the Selection was aware of the fact that the Deceased had already donated the instant real estate to the Defendant.