1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Of five children of the status of a party C, the Plaintiff is a woman, the Defendant is a senior South Korea.

B. C’s biological donation (1) on September 25, 2014, donated to the Defendant the share of 991.7/4076 square meters (hereinafter “instant donation share”) out of 4076 square meters in Sinsan-si, Busan-si on September 25, 201, and completed the registration of ownership transfer on October 2 of the same year.

(2) On February 14, 2018, C sold real estate, including the Daegu Suwon-gu E 106.1 square meters, and around that time, C donated 246,221,000 won out of the purchase price (hereinafter “instant donation”).

[Defendant asserts that C’s living expenses of KRW 12 million and funeral expenses of KRW 5.7 million should be deducted from the donated money, but it is insufficient to recognize that C’s living expenses and funeral expenses have been paid from the purchase price of the said real estate only with the submitted evidence, and thus, it is not accepted]

C. Death and inherited property C died on August 23, 2018.

The five children, including the plaintiff and the defendant, jointly inherited the F apartment G, Daegu Dong-gu, Daegu (hereinafter referred to as the “instant inherited property”), who he owned, jointly inherited the shares of 1/5.

In addition, there is no other positive inherited property.

[Ground of recognition] Facts without dispute, Gap evidence 2, 6, Gap evidence 7-1, 2, Gap evidence 8-1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the Plaintiff infringed the Plaintiff’s legal reserve of inheritance by receiving the instant donation shares and the instant donation money.

The defendant is obligated to return KRW 28,515,089, which is the value of the infringed legal reserve of inheritance.

B. According to the Plaintiff’s assertion, the value of basic property calculated on the basis of legal reserve of inheritance is KRW 655,150,885 (=38,929,885 of the gift shares of this case ② KRW 246,221,00 of the gift of this case ③ KRW 370,000 of the inherited property of this case).

The amount of the plaintiff's legal reserve of inheritance is 65,515,088 won (=655,150,885 won x inheritance 1/5 x 1/2, and less than won).

The Plaintiff received property equivalent to KRW 74 million (i.e., the value of the inherited property of this case 370 million x 1/5).