유류분반환청구
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, Article 1115(1) of the Civil Act provides, “When there are shortages in the legal reserve of inheritance due to the gifts or testamentary gifts made by the inheritee pursuant to the provisions of Article 1114, the person with the right to legal reserve of inheritance may claim the return of the shortage to the extent that the shortage occurs.” Thus, where the gifts or testamentary gifts to be returned by the exercise of the right to claim the return of legal reserve of inheritance are transferred to another person, the transferee may also claim the return of
In light of the reasoning of the judgment below, the court below acknowledged the duty to return the legal reserve of inheritance against the plaintiffs by defendant E, on the ground that it is reasonable to view that the defendant E knew that he would have known that he would be entitled to legal reserve of inheritance at the time of receiving the gift of each real estate listed in the attached Table 2 of the judgment below from defendant D, in full view of the relationship between donee and transferee, the ratio of the property donated by the defendants to the deceased's property, the age of the deceased, and the age of the deceased.
In light of the above legal principles and records, the above judgment of the court below is just, and there is an error of law by misapprehending the legal principles as to the legal nature of the right to claim restitution of legal reserve.
or there is no need to change the precedent.
2. Regarding ground of appeal No. 2
A. Article 1117 of the Civil Act provides that the right to claim the recovery of the legal reserve of inheritance shall expire if it is not exercised within one year from the time when the person having the right to the legal reserve of inheritance becomes aware of the gift to be returned to the commencement of inheritance or the testamentary gift. Here, the right to claim the recovery of the legal reserve of inheritance can be exercised by means of a declaration of intention to the other party in court or outside court. In this case, the declaration of intention shall be