1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 26, 2016, the Plaintiff is the sole heir of the deceased with his/her external incidental parent, who died on July 26, 2016 (hereinafter “the deceased”). The Defendant is the omission of the deceased.

B. Before the death, the deceased transferred the ownership of the real estate owned by the deceased to the Defendant, and detailed details are as listed below.

(hereinafter referred to as “the instant real estate” in the table individually referred to as “the case’s real estate,” and “the case’s common name is referred to as “the case’s land,” respectively. D EF G GH I [based on recognition] without dispute, each entry in Gap’s 1 through 3, and 9 through 14, and the purport of the entire pleadings, as a whole.

2. The parties' assertion

A. The summary of the Plaintiff’s assertion was known to inflict damages on the Plaintiff, who is the person with the right to legal reserve of inheritance, and thus, infringed the Plaintiff’s legal reserve of inheritance upon the donation of each of the instant

The defendant is obligated to pay to the plaintiff 674,083,717 won [1,348,167,434 won (affirmative property value 2,701,114 won - 4,533,680 won - 1,350,000 won in value of donated property - 1,350,680 won] 674,050,557 won in proportion to legal reserve of inheritance / [2] part of the plaintiff's shortage in legal reserve of inheritance, and delay damages therefrom.

B. The gist of the Defendant’s assertion is that each of the instant real estate was purchased not from the deceased but from the deceased, and thus does not include basic property for calculating legal reserve of inheritance.

As the relationship between the deceased and the mother was severed, the health of the deceased has deteriorated, the Plaintiff’s access to the deceased and removed the deceased’s property, thereby going against the principle of trust and good faith.

Even if the right to claim the return from the plaintiff is recognized, the amount of the plaintiff's special profit should be deducted.

3. Determination

A. When there are shortages in the legal reserve of inheritance due to the gifts or testamentary gifts made by the inheritee pursuant to the provisions of Article 1114, the person with the right to legal reserve of inheritance is insufficient to the extent of the shortage.