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(영문) 서울고등법원 2017.10.17 2017나2008003

소유권이전등기

Text

1. The judgment of the court of first instance is modified as follows.

Defendant No. 1, and No. 22 in the separate sheet No. 1.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following two cases: (a) 4th to 5th to 21th; and (b) 6 through 14th to 13th to 14th of the judgment of the court of first instance; and (c) 420 of the Civil Procedure Act cites this case.

2. Parts used for repair from the 4th to the 5th 21st son;

B. As to the completion of the extinctive prescription, the Defendant asserted that the Plaintiffs filed the instant lawsuit for one year after the death of the deceased, since the Plaintiff A had been aware of the fact that the real estate recorded in the attached list was donated to the Defendant, the right to claim the return of the forced portion of inheritance of the Plaintiffs had become extinct due to the completion of the short-term statute of limitations of one year.

Article 1117 of the Civil Code provides that "When the person having the right to legal reserve of inheritance becomes aware of the fact that the inheritance had commenced and the inheritance had been returned or testamentary gift," which is the starting point of the short-term extinctive prescription period of the right to claim the return of legal reserve of inheritance under the provision of Article 1117 of the Civil Code, the fact

(See Supreme Court Decision 2006Da46346 Decided November 10, 206, etc.). In full view of the overall purport of the evidence No. 42, evidence No. 45, evidence No. 46, evidence No. 48, and evidence No. 48 of the first instance trial witness K, and the overall purport of the testimony and arguments of the first instance trial witness K, the net I had been able to travel with the Plaintiff’s spouse to the Plaintiff’s Pyeongtaek in Gangwon-do around 1999 and had been living in his/her country until he/she died on March 28, 201, and it was difficult for the Plaintiff to travel with the deceased and his/her brothers and sisters residing in U.S., and the witness K of the first instance trial to find the deceased’s house in his/her name in 206.