1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the selective claims added in the trial are dismissed.

2.In the trial, the trial shall be held.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff and the defendant are children of C and D.

B. C died on September 24, 1983, and D died on September 21, 2014.

D At the time of the death of D, there was no property under its name.

C. From around 1985, the Plaintiff’s husband and wife, the Defendant, and D resided in H apartment 39 Dong 804 (hereinafter “instant H apartment”) under the Plaintiff’s name.

On December 6, 1994, the Plaintiff sold the above apartment at KRW 448,00,000,000. On December 19, 1994, the Plaintiff’s family members purchased KRW 187,000,000 from the purchase price of KRW 187,00,00,000, Songpa-gu Seoul I apartment at KRW 903, Dec. 19, 1994.

On December 12, 1994, the Defendant concluded a sales contract to purchase the Gangnam-gu Seoul E apartment 204, 203 (hereinafter “instant E apartment”) at KRW 180,000,000 for the purchase price, and completed the registration of ownership transfer in the name of the Defendant on February 16, 1995.

The defendant and D resided in the above E apartment from February 1995 to the time of D's death.

E. On March 6, 2014, the Defendant concluded a sales contract to sell the instant E apartment to F and G for KRW 1,282,50,000, and on May 7, 2014, the ownership transfer registration was completed in the name of the said buyer.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, and 14 (if there is a serial number, including branch numbers; hereinafter the same shall apply), Eul Nos. 1, 9, 11, and 13, and the result of the examination by the plaintiff of the first instance court and the defendant respectively, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion that the plaintiff made a sales contract on December 12, 1994 with respect to E apartment of this case as purchaser, and completed the registration of ownership transfer under the name of the defendant on February 16, 1995, but actually purchased D and donated to the defendant, and the defendant's act of receiving the purchase price of the above apartment of this case in full violates the plaintiff's legal reserve of inheritance. Thus, the defendant's act of receiving the purchase price of the above apartment of this case in full violates the plaintiff's legal reserve of inheritance. Thus, the defendant's sales price of 320,625