1. The Defendants:

A. Of the shares of 1/2 of each real estate listed in the separate sheet Nos. 1, 2, and 4, the Plaintiff A shall be 573,716.

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on July 17, 2015. At the time of the deceased’s death, the deceased’s heir had three children H, net B, and Plaintiff A, and the Defendants are H’s children.

B. The deceased died on January 11, 2017 while the instant lawsuit was pending, and the Plaintiff C and D, who are his children and co-inheritors, took over the instant lawsuit on March 16, 2017.

C. The Deceased owned 25/69 shares of each real estate listed in the separate sheet Nos. 1, 2, and 4 as well as 25/69 shares of each real estate listed in the separate sheet No. 3 as indicated in the separate sheet No. 1, 2, and 4 (hereinafter collectively referred to as “each of the instant real estate”). On August 16, 2013, the Deceased completed the registration of ownership transfer for each of the real estate listed in the separate sheet No. 12.5/69 shares (=25/69 shares x 1/2), among the real estate listed in the separate sheet No. 3 as indicated in the separate sheet No. 3, on August 13, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 5, purport of the whole pleadings

2. The plaintiffs asserted that the Defendants received donations of each of the instant real estate from the deceased and infringed their legal reserve of inheritance. They sought refund of the shortage in proportion to their legal reserve of inheritance from the Defendants.

As to this, the Defendants asserted that each of the instant real estate was purchased from G, and thus does not include basic property for calculating legal reserve of inheritance, and that even if it was made one year prior to the date of commencing the inheritance, it cannot be the basic property for calculating legal reserve of inheritance.

3. Determination

A. The co-inheritors in the method of calculating shortage in legal reserve of inheritance may claim for the return of shortage in legal reserve of inheritance against other co-inheritors within the extent of the shortage when there is a shortage in their legal reserve of inheritance due to the birth of the inheritee to other co-inheritors. The shortage in legal reserve of inheritance is as follows.