1. On April 11, 2019, the Defendant returned to the Plaintiff the share of 1/4 of each real estate listed in the separate sheet.

1. Facts of recognition;

A. The plaintiff is the deceased C's father (hereinafter "the deceased"), and the defendant is the deceased's children.

B. On December 3, 2018, the Deceased died, and the Plaintiff and the Defendant inherited the deceased’s property at the ratio of 1/2, respectively.

C. On July 29, 2015, the Deceased donated each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant.

On August 24, 2015, the Defendant completed the registration of ownership transfer for each of the instant real estate on July 29, 2015.

There is no active inherited property or inheritance obligation at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Assertion and determination

A. Article 108 of the Civil Act, which applies mutatis mutandis to the calculation of legal reserve of inheritance pursuant to Article 1118 of the Civil Act, provides that "in case where there are persons among co-inheritors, who have donated property or received testamentary gifts from the inheritee, and such gift property does not reach their own share of inheritance, there is a share of inheritance to the extent of the deficient portion

In order to ensure fairness among co-inheritors in cases where there is a special beneficiary who received a gift or testamentary gift from an inheritee among co-inheritors, the purpose of this is to treat the gift property as an advance payment of the inheritance and to consider it in calculating the specific share of inheritance.

Therefore, in a case where there is a person among co-inheritors who has made special profits from the pre-sale donation of the property from the inheritee, such donation shall be included in the basic property for calculating legal reserve of inheritance regardless of whether one year has passed prior to the commencement of inheritance, and whether both parties knew that damage would be inflicted on the property (see, e.g., Supreme Court Decisions 93Da11715, Jun. 30, 1995; 95Da17885, Feb. 9, 196). According to the above facts of recognition, the Deceased donated each of the instant real property to the Defendant, which is part of the inherited property.