1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation on this part of the basic facts and the Plaintiff’s assertion is the same as that for the relevant part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420

2. Determination

A. The plaintiff, as the inheritor of the deceased, can demand the defendant to return his/her property to the extent that there is a shortage in his/her legal reserve of inheritance due to testamentary gift or gift made by the deceased against the defendant who is another inheritor.

The shortage in legal reserve of inheritance can be calculated through the following accounting formula, and in the below, it will be examined whether there is a shortage in legal reserve of inheritance of the plaintiff according to the following formula:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 (B) - The amount of special profit (C) from the person having the right to the legal reserve of inheritance - A = The amount of positive inherited property £« 1/23 of the amount of inheritance for lineal descendants of the inheritee = the amount of inheritance for lineal descendants of the inheritee 1/23 = the amount of inheritance for lineal descendants of the person having the right to the legal reserve of inheritance £« the amount of inheritance for the person having the right to the legal reserve of inheritance = the amount of property acquired by inheritance - the

B. (A) 1) The amount of active inherited property and the amount of inherited property, which are the basis of calculating the legal reserve of inheritance, died without having left positive inherited property or inherited debts, are not disputed between the parties. (2) The legal reserve of inheritance related to A is calculated on the basis of the amount calculated on the basis of adding the value of donated property at the time of the commencement of inheritance to the value of the inherited property at the time of the commencement of inheritance and deducting the amount of inherited property. If there is a person who gets special profits from the inherited property by means of a living donation of the inherited property from the inheritee among co-inheritors, the application of Article 1114 of the Civil Act is excluded, and the donation is calculated on the basis of whether there was one year prior to