1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on January 31, 2017, and the deceased’s heir is the Plaintiff and the Defendant, who is a child.

B. Around August 1999, the Deceased donated KRW 50 million to the Plaintiff at the cost of purchasing a private taxi, and KRW 73,091,408 to the Defendant on October 17, 2013, respectively.

C. Meanwhile, there was no particular active or negative property at the time of the deceased’s death, and the Plaintiff and the Defendant did not receive inherited property separately or take over the inheritance obligation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Defendant donated deposit and cash from the deceased before they were born, or received special benefits from legacy.

Since there is a shortage in the plaintiff's legal reserve of inheritance, the defendant is obligated to return the legal reserve of inheritance stated in the claim to the plaintiff.

B. The Plaintiff is the co-inheritors of the deceased, and thus, in a case where there is a shortage in his legal reserve of inheritance due to the donation or testamentary gift made by the deceased to the Defendant, who is another co-inheritors, the Plaintiff may demand the return of the property to the extent of the shortage.

(c) 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 the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - The amount of the person entitled to the legal reserve of inheritance 】 The amount of the legal reserve of inheritance ＋ the amount of the positive inherited property ＋ B 1/23 for lineal descendants and spouse of the inheritee / the amount of the inheritance ＋ the amount of the property acquired by the person entitled to the legal reserve of inheritance / the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of

D. 1 Relevant legal principles, which form the basis for calculating legal reserve of inheritance, are donated property at the time of the commencement of inheritance of the inheritee.