1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The network D (hereinafter “the deceased”) died on April 28, 2016, and accordingly, the Plaintiffs, their children, and the E and F shared inheritance of the network D’s property rights and obligations.

B. Meanwhile, on May 21, 2004, the Deceased donated each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by the deceased to the defendant, South-North E, who was the son, and completed the registration of ownership transfer on May 24, 2004 in the name of the defendant as to each of the instant real estates.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1-2, Gap evidence 2-2 and 3, purport of whole pleadings]

2. The assertion and judgment

A. The plaintiffs' summary of the plaintiffs' assertion made a donation to the defendant, the only property of this case, which is the property of this case, to the defendant. This should be included in the basic property of calculating the legal reserve of inheritance not later than one year prior to the commencement of the inheritance and without relation.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership based on the return of legal reserve of inheritance with respect to one-eight share of each of the plaintiffs' legal reserve of inheritance among each of the instant real estate

B. (1) Legal reasoning property is calculated only when an ancestor performed one year prior to the commencement of the inheritance (see Article 1114(1) of the Civil Act). However, in a case where there is a person who made special benefits from the ancestor’s property by means of a biological donation from among co-inheritors, the application of Article 1114 of the Civil Act is excluded. Therefore, the donation is included in basic property for calculating legal reserve regardless of whether it had been transferred one year prior to the commencement of the inheritance, and whether both parties knew that it would inflict losses (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). However, a donation to a third party who is not a co-inheritors may, in principle, be claimed for legal reserve of inheritance only when it was performed for one year prior to the commencement of the inheritance. However, both parties would inflict losses on the person entitled to legal reserve of inheritance at the time of donation.