1. The defendant shall pay to the plaintiff A and H with respect to the share of 1/10 of 2,066 m2,06 m2,06 m2 in Suwon-si and 3/70.

1. Basic facts

A. The deceased K (hereinafter “the deceased”) had the deceased M, net N, Plaintiff H, Plaintiff H, A, and Defendant as their children between the deceased L, a spouse (Death on June 3, 2002) and the deceased.

The Deceased died on February 28, 2018.

B. The deceased M had Plaintiff C and D as their children between Plaintiff B, a spouse.

The date of death of net M is November 30, 2002.

C. The network N had Plaintiff E, F, and G as his child between the networkO (Death on October 6, 1984) whose spouse is the deceased.

The date of death of the net N is January 10, 201.

On August 22, 1987, the Deceased completed the registration of transfer of ownership in his name on the ground of sale on August 20, 1987, with respect to J-gun 2,066 square meters (hereinafter “instant land”).

The sale certificate on the purchase of the deceased’s land in this case shall state the price in KRW 4,317,940.

E. On March 8, 2004, the Deceased donated the instant land to the Defendant, and on March 17, 2004, completed the registration of ownership transfer in the name of the Defendant on the said land due to the said donation.

F. The Deceased did not have any positive and negative property at the time of death.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence No. 3, the purport of the whole pleadings

2. The assertion and judgment

A. Article 1008 of the Civil Act provides, “In the event that there is a person among co-inheritors who received a gift of property or testamentary gift from the inheritee and the gift does not reach his/her share of inheritance, the gift property has a share of inheritance to the extent of the shortage thereof.”

In order to ensure fairness among co-inheritors in cases where there is a special beneficiary who received a gift of property or testamentary gift from an inheritee among co-inheritors, the purpose of this is to treat the gift property as an advance payment of the share of inheritance and to consider it when calculating the specific share of inheritance.

Here, what is the special benefit of the donation is the pre-living assets of the inheritee.