1. On September 15, 2017, the Defendant returned shares of 1/8 shares in each of the real estate listed in the separate sheet to the Plaintiff.

1. Basic facts

A. The Plaintiff and the Defendant’s mother C died on April 5, 2017. The Plaintiff, the Defendant, D, and E, who are their children, are co-inheritors C, and their legal shares of inheritance are both one-fourths.

B. On September 9, 2015, C donated each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant, and the Defendant completed the procedure for ownership transfer registration in its name on September 10, 2015.

C. There was no positive and negative property at the time of death of C.

[Reasons for Recognition] Facts that there is no dispute between the parties or do not clearly dispute between them, entry of evidence A1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. When there are shortages in the legal reserve of inheritance due to gifts or testamentary gifts made by the inheritee pursuant to the provisions of Article 1114 of the Civil Act, the person with the right to legal reserve of inheritance can recover the shortage. Thus, when the plaintiff seeks to recover the legal reserve of inheritance, the shortage of the legal reserve of inheritance should occur

Shortage in legal reserve of inheritance may be calculated according to the following calculation methods:

Shortage in the legal reserve = [A] 】 The special profit (C) at the person entitled to the legal reserve of inheritance - The net profit (D) at the person entitled to the legal reserve of inheritance - The amount of positive inheritance - The amount of inheritance - B = the amount of inheritance 1/2C = the amount of the property acquired by the inheritance of the person entitled to the legal reserve of inheritance - the amount of inheritance - the amount of the property acquired by the inheritance of the person entitled to the legal reserve of inheritance - the amount of the inheritance - the amount of the property acquired by the inheritance of the person entitled to the legal reserve of inheritance - the provisions of Article 1114 of the Civil Act are excluded in cases where there is a person who made special profit from the inheritance of the person among the co-inheritors by the birth of the property from the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the inheritance of the person entitled to the legal reserve of inheritance