1. The judgment of the court of first instance is modified as follows.

Defendant D, 1 Plaintiff A and C, as shown in the attached table 3 to 10.

1. The reasoning for the court’s explanation concerning this case is as follows, and the reasoning for the court’s explanation is as follows: (a) the obligation to return shortage in legal reserve of inheritance of the court of first instance is stated in the reasoning of the court of first instance; (b) thus, the same is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act. (c) The obligation to return shortage in legal reserve of inheritance

A. A person who is obligated to return the legal reserve of inheritance can normally return the property subject to donation or testamentary gift itself. Thus, if the person with the right to the legal reserve of inheritance claims the return of the legal reserve of inheritance by the method of return of the original property and if it is possible to return the original property, the court shall order the return of the original property by the method claimed by the person with the right to the legal reserve of inheritance

(see, e.g., Supreme Court Decision 2013Da65963, Feb. 13, 2014). The Plaintiffs filed a claim for the return of legal reserve of inheritance by the method of returning originals. Since each real estate and money listed in the separate sheet can be returned from originals, the Defendants are obliged to return the shortage in legal reserve of inheritance of the Plaintiffs to originals according to the return rate.

B. When there are several other co-inheritors who received a gift or testamentary gift in return for the return of the legal reserve of inheritance, in light of the purpose of the legal reserve of inheritance prescribed by the Civil Act and the purport of Article 11115(2) of the Civil Act, the person entitled to the legal reserve of inheritance can claim the return according to the ratio of the amount exceeding his own legal reserve of inheritance against only the inheritor who exceeds his own legal reserve of inheritance. If there is a third party who is not co-inheritors and co-inheritors, the third party is entitled to claim the return according to the ratio of the amount exceeding his own legal reserve of inheritance of inheritance of the co-inheritors, and the third party can claim the return based on the amount exceeding his own legal reserve of inheritance of the co-inheritors.