1. The Defendant’s KRW 94,125,150 for the Plaintiff and KRW 5% per annum from June 9, 2017 to January 23, 2019.

1. Basic facts

A. Family relationship C (the deceased on January 5, 2017, hereinafter “the deceased”) married with D, and Defendant, E, and Plaintiff as their children.

B. The deceased’s inherited property and the deceased’s inherited property cannot be inherited.

C. A share of inheritance E transferred to the Plaintiff around August 2017, the share of inheritance for the Deceased was comprehensively transferred to the Plaintiff.

[Judgment of the court below] Facts without a dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to Article 1112 and Article 1113 of the Civil Act, the shortage of legal reserve of inheritance in the method of calculating shortage in legal reserve of inheritance shall be calculated by the following methods, specifically after the person with the right to legal reserve of inheritance became final and conclusive at the time of the commencement of inheritance of the inheritee.

Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit amount of the person holding the right to the legal reserve 】 The amount of the right to the legal reserve - The amount of the right to the legal reserve - The amount of the right to the legal reserve - The amount of the right to the legal reserve - A = the amount of the right to the legal reserve - The amount of the right to the legal reserve 1/23 = the amount of the property acquired by the person holding the right to the legal reserve - the amount of the property acquired by the inheritance - the amount of the right to the legal reserve - the amount of the

B. According to Article 1114 of the Civil Act, a donation to be included in the basic property in calculating the legal reserve of inheritance pursuant to Article 1114 of the Civil Act shall be limited to one year prior to the commencement of the inheritance. However, when both parties knew that the legal reserve of inheritance would inflict damage on the right holder, a donation made one year prior to the commencement of the inheritance shall be included.

However, if there is a person among co-inheritors who has made a special benefit as a donation before the inheritee, the provisions of Article 1114 of the Civil Code shall be excluded.

Therefore, in the case of donation to co-inheritors, whether it was made for one year prior to the commencement of inheritance, and both parties will inflict damages on the right holder of legal reserve of inheritance.