1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court's explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for the addition of "additional Judgment 2." as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The summary of the assertion was from around 1973 to the deceased, and the Defendant spawned a farmer in the Daejeon Sung-gu K-gu 2,638 square meters among the real estate listed in the attached Table 2, and performed several joints work.

Accordingly, the Deceased transferred each real estate listed in the attached Table 2 (hereinafter “each real estate of this case”) to the Defendant in return for the Defendant’s labor and sacrifice. As such, each real estate of this case does not constitute a special benefit.

B. Determination of legal reserve of inheritance shall be calculated on the basis of the amount calculated by adding the value of the donated property at the time of the commencement of the inheritance to the value of the donated property at the time of the commencement of the inheritance and deducting the amount of inherited debts, but where there are persons who have made special profits from the donated property from the inheritee by the donation of property before the commencement of inheritance, the donation shall be excluded from the application of Article 1114 of the Civil Act, and shall be included in the basic property for calculation of legal reserve of inheritance regardless of whether the donation was before the commencement of inheritance, and whether both parties knew that the damage would be inflicted

(See Supreme Court Decision 95Da17885 delivered on February 9, 1996). Whether a donation of pre-living constitutes a special benefit should be determined by taking into account the pre-living assets, income, living standards, home conditions, etc. of the inheritee, and by taking account of the equity among co-inheritors, whether the pertinent pre-living donation is a part of the share of the inherited property to be returned to the prospective heir.

(See Supreme Court Decision 2009Da64635 Decided July 28, 201). In light of the foregoing legal doctrine, it is reasonable to view the foregoing.