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

A. The deceased E (hereinafter “the deceased”) married with F and died on October 21, 2012. The deceased’s property heir is F, G, H, Plaintiff, and Defendants, the husband of the property.

B. On March 25, 2010, before the death of the instant real estate owned by the Defendants, the Deceased donated the instant real estate to the Defendants. The Defendants completed the registration of ownership transfer on the instant real estate on the grounds of this on March 30, 2010.

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. The Plaintiff’s assertion that he donated the instant real estate to the Defendants before his birth (hereinafter “the instant donation”) infringes on the Plaintiff’s legal reserve of inheritance, which is the deceased’s heir. Thus, the Defendants are obligated to return the Plaintiff’s legal reserve of inheritance among the instant real estate to the Plaintiff.

B. The Plaintiff’s assertion by the Defendants was aware of the deceased’s donation of the instant real estate before his birth, and filed the instant lawsuit after one year from October 21, 2012 where the deceased died. As such, the Plaintiff’s claim for the return of legal reserve of inheritance against the Defendants was terminated by the short-term extinctive prescription of one year under the Civil Act.

3. Determination

A. The right to claim the recovery of the legal reserve of inheritance is extinguished by prescription unless the person having the right to the legal reserve of inheritance becomes aware of the fact that the person having the right to the legal reserve of inheritance did not return the gift or testamentary gift within one year after the commencement of inheritance (the first part of Article 1117 of the Civil Act). The term "when the person having the right to the legal reserve of inheritance became aware of the fact that the gift or testamentary gift was to be returned to the commencement of inheritance and the person having the right to the legal reserve of inheritance" refers to the fact that the inheritance

(See Supreme Court Decision 2006Da46346 Decided November 10, 2006, etc.).B.

The purpose of all pleadings is to determine whether the right to claim the return of the forced portion has expired by the prescription, as set out in the evidence Nos. 1 to 5, and No. 7-1 to 3.