1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff and the Defendants are children of D (hereinafter “the deceased”) who died on August 31, 2016.

As the inheritor of the deceased, there are plaintiffs, Defendants, F, G, and H, who are their spouse E and children.

B. Around February 28, 1994, the Deceased purchased and owned the 1stm231m2 (hereinafter “Im2”) of Gangseo-gu Seoul Metropolitan Government Im231m2 (hereinafter “Im2”) and Defendant B was bequeathed upon the Deceased’s death.

C. Around January 26, 1998, Defendant B newly constructed the three-story building on the ground of the above I site and completed registration of initial ownership in Defendant B’s name.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Defendants asserted that the Plaintiff’s assertion was entitled to receive cash, etc. prepared by the deceased by selling the real estate owned by the deceased, or that the deceased’s heir was infringed upon the Plaintiff’s legal reserve of inheritance, and thus, the Defendants shall return the shortage to the Plaintiff.

3. Determination

A. According to Articles 1112 and 1113 of the Civil Act of the calculation method of shortage in the legal reserve of inheritance, the shortage of the Plaintiff’s legal reserve of inheritance is calculated by the following methods after specifying the property, which is the basis for calculating the legal reserve of inheritance at the time of commencing the inheritance (excluding any calculation below KRW 100,00). Shortage in the legal reserve of inheritance = [A] 】 Special profit amount of the person holding the right to the legal reserve of inheritance (B) - (C) special profit amount of the person holding the right to the legal reserve of inheritance - (D) net profit amount of the person holding the right to the legal reserve of inheritance of A = 1/23 of the legal reserve of inheritance of the inheritee = d/23 of the inheritance of the lineal descendants of the inheritee.

B. Legal reserve of inheritance of the first related legal doctrine on the amount of property(A) that is the basis of calculating legal reserve of inheritance is at the time of the commencement of inheritance of the inheritee.