The judgment of the first instance shall be modified as follows:

Defendant C is recorded in the list of each of the plaintiffs (1).

1. Basic facts

A. On November 7, 2012, Non-party E (hereinafter “the deceased”) died and succeeded to the Plaintiffs, who are children, and Defendant C, Non-Party F, G, and H, and Defendant D is the wife of Defendant C.

B. On March 17, 2003, the Deceased donated each of the real estate listed in the separate sheet Nos. 1 and 410 square meters on the same day to Defendant C, and each of the real estate listed in the separate sheet No. 2 in the same day to Defendant D.

C. At the time of the deceased’s death, there was no inherited property.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 4-1 to 4, Gap evidence 6, the purport of the whole pleadings

2. The plaintiffs' claims for the return of forced portions are as follows.

The special profits of Defendant C, who received from the deceased, are equivalent to KRW 625,713,00 in total, and Defendant D’s special profits are equivalent to KRW 78,080,980 in total. Thus, the Defendants should return the shares or money equivalent to the Plaintiffs’ legal reserve of inheritance from each donated real estate.

B. Where Defendant D did not have the duty to return the reserve of inheritance, Defendant C should return the shares or money equivalent to the Plaintiffs’ reserve of inheritance from the donated real estate.

3. Determination as to whether Defendant D is a person obligated to return a legal reserve of inheritance

A. As a matter of principle, a donation to a third party who is not a co-inheritors may be filed only when it was performed one year prior to the commencement of the inheritance. However, when both parties knew that it would inflict damages on the person with the right to the legal reserve at the time of the donation, a claim for the return of the legal reserve of inheritance is allowed even if it was made one year prior to the commencement

In a case where lineal descendants who have a half of the statutory inheritance at the time of donation are expected to return as co-inheritors, in order to deem that the third party's donation was made with knowledge that it would inflict damage on the person having the right to legal reserve, the value of the donated property at the time of donation by both parties shall be the value of the remaining property.