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(영문) 서울동부지방법원 2018.11.02 2018나20714

소유권이전등기말소

Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. J (hereinafter “the deceased”) died on January 17, 2008, and Plaintiff H is the deceased’s wife, and the rest of the Plaintiffs and the Defendant are the deceased’s children.

B. On January 10, 2007, the Deceased completed the registration of ownership transfer on the grounds of donation on March 5, 1991 with respect to each real estate listed in [Attachment List Nos. 1 and 2] on January 10, 2007, and completed the registration of ownership transfer on the grounds of donation on January 21, 2005 as to each real estate listed in [Attachment List Nos. 3 and 4] on January 21, 2005.

(1) Each of the real estate listed in the separate sheet (hereinafter referred to as "each of the real estate in this case" shall be referred to as "each of the real estate in this case," and the "real estate in this case" shall be referred to as "real estate in this case," / [Grounds for recognition] of absence of dispute, entry of Gap evidence Nos. 1, 3, 4, and 5 (including a serial number, if any,

2. Summary of the parties' arguments

A. Since the Plaintiffs’ assertion made donation of each of the instant real estate to the Defendant before the death of the deceased, and thus, the legal reserve of inheritance was infringed, the Defendant is obligated to return to the Plaintiffs the share equivalent to the legal reserve of inheritance among the instant real estate.

B. The Defendant’s assertion that the Plaintiff purchased each of the instant real estate from the deceased, not infringing the Plaintiffs’ legal reserve of inheritance. Even if the Plaintiffs had the right to claim the return of legal reserve of inheritance against the deceased, the Plaintiffs had been aware of the fact that each of the instant real estate was donated to the Defendant at the time of the death of the deceased or around October 2010 when the lawsuit on the instant third real estate was pending, and that the Plaintiff’s legal reserve of inheritance was infringed. Accordingly, the Plaintiffs’ right to claim the return of legal reserve of inheritance had already expired after one year

3. Determination

A. Article 1117 of the Civil Code provides that the right to claim the return of the legal reserve of inheritance shall be within one year from the date when the person having the right to the legal reserve of inheritance becomes aware of the donation or testamentary gift that should be returned to

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