The defendant shall return to the plaintiff the legal reserve of inheritance on October 19, 2018 with respect to the share of 1/10 of each real estate listed in the attached list.

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on March 28, 2018, and co-inheritors were the spouse of the Plaintiff, children, D, E, F, G, H, and deceased, the spouse of the deceased, the deceased’s children, and J and K, the children of the Defendant, the deceased, and the deceased.

B. On December 20, 2017, the Deceased completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant based on the same day donation.

C. At the time of the deceased’s death, neither the property nor the inherited debt in the name of the deceased remains.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Determination

(a) Shortage in the calculation method of shortage in legal reserve of inheritance may be calculated through the following accounting formula:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve 】 - The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to the legal reserve ＋ the amount of positive inherited property ＋ the amount of inherited property ＋ 1/23 of the amount of inheritance with respect to lineal descendants of the inheritee = the amount of inheritance with respect to the legal reserve ＋ the amount of inheritance with respect to lineal descendants of the inheritee / the amount of property acquired by the person entitled to the legal reserve - the amount of inheritance share

B. The legal reserve of inheritance (A) is calculated based on the amount calculated on the property value of the inheritee at the time of the commencement of inheritance and the amount calculated on the basis of the amount calculated by adding the value of donated property to the value of donated property at the time of the commencement of inheritance. If there is a person among co-inheritors who has made special profits by means of a pre-sale donation of property from the inheritee, the application of Article 1114 of the Civil Act is excluded, and the donation is included in the basic property for the calculation of legal reserve of inheritance, regardless of whether the donation was prior to the commencement of inheritance one year, and whether both parties knew that the damage would be inflicted (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196).