The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The deceased D (hereinafter “the Deceased”) died on March 11, 2019, and the heir is the Plaintiff, E, and C.

The defendant is a dependent of C, and is the deceased's grandchildren.

B. On December 18, 2013, the Deceased: (a) 156/40 shares of C among each of the instant real estate owned by the deceased on December 18, 2013; (b) 64/400 shares to the Defendant; (c) 117/400 shares to E; (d) 63/400 shares each were donated to F; and (e) on December 19, 2013, each ownership in the name of the Defendant, C, E, and F was completed (hereinafter “each of the instant donations”).

On the other hand, at the time of the deceased's death, G Bank's deposit claims of G Bank 605,926 won, and there was no specific property, and there was no inheritance obligation.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings

2. Inasmuch as the Plaintiff’s legal reserve of inheritance was infringed upon due to each of the instant donations by the Deceased, the Defendant is obligated to perform the registration procedure for ownership transfer of each of the instant real estate, as the return of the lost portion of oil infringed upon to the Plaintiff.

3. The plaintiff, as the inheritor of the deceased, can claim the return of the oil to the extent of the shortage when the plaintiff's shortage occurs in the legal reserve of inheritance due to the death donation from the deceased. Thus, the plaintiff can claim the return of the oil.

(a) The shortage in the method of calculating the shortage in the legal reserve of inheritance may be calculated through the following formula:

Shortage in legal reserve of inheritance = [A] amount of property which forms the basis for calculation of legal reserve of inheritance 】 (B) ratio of oil of the person entitled to decentralization of the oil concerned ] - amount of special profit of the person entitled to decentralization (C) - amount of net inheritance of the person entitled to decentralization of the oil concerned ＋ amount of positive inheritance ＋ amount of gift ＋ amount of inheritance ? Amount of inheritance debts B = increase in number of lineal ascendants and descendants of the inheritee and their spouses 1/23 = number of persons entitled to decentralization of the oil concerned + amount of property acquired by inheritance of the person entitled to decentralization of the oil concerned - inheritance debts.