The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The grounds of appeal are examined.

1. Korean Civil Act recognizes the system of legal reserve of inheritance and provides for the method of return of legal reserve of inheritance in Articles 1112 through 1118, but does not provide for the method of return of legal reserve of inheritance. However, it is a normal method of return to return the property subject to inheritance or testamentary gift itself. Thus, if the person having the right to legal reserve of inheritance claims the return of 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 should order the return of the original property by the method requested by the

(2) In light of the above legal principles, the person holding the right to forced inheritance may seek a return of the equivalent amount of the equivalent value against the person holding the right to forced inheritance, instead of the return of the original property, unless there are exceptional circumstances, such as where a third party acquires the right to a mortgage, superficies, etc. after the donation or testamentary gift, and where the third party acquires the right to the said property after the donation or testamentary gift, the person holding the right to forced inheritance may recover the property in a state where there is no limitation on the right to a mortgage, etc. because it is impossible or substantially difficult to return the original property, and thus, the person holding the right to forced inheritance may seek a return of the property in lieu of the return of the original property. However, the person holding the right to forced inheritance cannot be allowed to seek the return of the original property

Furthermore, real estate and money are mixed in the objects of return of legal reserve of inheritance.

In principle, the fact that there are many equity interests in real estate to be returned to the person with the right to the legal reserve of inheritance does not hinder the return of the original property.

2. Nevertheless, in this case, where the plaintiffs, who are entitled to legal reserve of inheritance, seek the return of originals with respect to each of the instant real estate, the court below, unlike the aforementioned legal principles, mixing real estate and money with the objects of return of legal reserve of inheritance, and should be returned to the plaintiffs.