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(영문) 부산지방법원동부지원 2016.11.23 2016가단202420

소유권말소등기

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The I had F, Defendant A, G, and H under the chain, but H died on January 25, 2013, and I died on October 7, 2013.

(hereinafter referred to as “the deceased”). B.

As a result of the death of the deceased, F, Defendant A, and G inherited the property of the deceased as one-fourths of their respective shares, and the Plaintiff B inherited as one-fourths of their respective shares by 3/28, Plaintiff C, and D respectively.

C. On the other hand, on October 31, 2002, the deceased donated the real estate listed in the separate sheet owned by him (hereinafter “the instant real estate”) to F, and on November 7, 2002, the Ulsan District Court Yangsan District Court Yangsan Branch Office received on November 7, 2002 the transfer registration of F’s ownership was made in the name of F on the ground of the said donation under No. 52607.

(hereinafter “instant donation”). D.

After the death of F, the Defendant completed the registration of ownership transfer on the ground of inheritance by consultation and division on January 19, 2015 as the receipt No. 43726, Jun. 25, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted that the deceased donated the instant real estate to F before the birth, and the inheritors did not know this recent fact. The Defendants are obliged to transfer their shares to the Plaintiff as much as their respective legal reserve of inheritance.

B. The Defendants’ assertion was already aware of the gift of this case before the Deceased died.

Since the lawsuit of this case was filed one year after the commencement date of the inheritance, the plaintiffs' right to claim the return of the legal reserve of this case expired after the prescription period expires.

3. Determination

A. The facts that the person with the right to legal reserve of inheritance began inheritance, 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 Article 1117 of the Civil Act.

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