유류분
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Whether extinctive prescription expires on the claim for restitution of legal reserve;
A. The parties’ assertion that the Plaintiff asserted that co-inheritors, including the Defendants, were aware of the infringement of the Plaintiff’s legal reserve of inheritance by receiving property donated from the deceased E (hereinafter “the deceased”).
The Defendants asserted that the Plaintiff had a gift or testamentary gift to be returned due to the Plaintiff’s infringement of legal reserve of inheritance between May and October 2012. Thus, the Plaintiff’s right to claim the return of legal reserve of inheritance had already been extinguished by the lapse of one year after the deceased’s death ( November 16, 2012).
B. Article 1117 of the Civil Act provides that the right to claim the recovery of the legal reserve of inheritance expires unless 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 within one year from the time when the person having the right to the legal reserve of inheritance becomes aware of the fact that the gift or testamentary gift to be returned to him/her was made. Here, "when the person having the right to the legal reserve of inheritance becomes aware of the fact that the inheritance had commenced and that there was a gift
(See Supreme Court Decision 200Da66430, 664447 delivered on September 14, 2001). Meanwhile, if a person with the right to legal reserve of inheritance knows that there was a gift or testamentary gift infringing on his/her own legal reserve of inheritance, it is sufficient to know that there was a gift or testamentary gift, and further, it is not necessary to know about the details of all the inherited property, the details of the testamentary donee and the testamentary gift, the degree of shortage in legal reserve of inheritance, and the scope of return of each legal reserve of inheritance
C. In light of the facts delineated below, the Plaintiff, at least after the death of the deceased, commenced inheritance on November 16, 2012, and the fact that there was a donation on the deceased’s property before that commencement, and that such donation infringes on the Plaintiff’s legal reserve of inheritance.