2. The costs of lawsuit are assessed against the plaintiffs.

A. The deceased E (hereinafter “the deceased”) died on August 25, 2012. At the time of the deceased’s death, there were the Plaintiffs, who are the children of the deceased, and the Defendant.

B. At the time of death, the Deceased owned 1/2 shares (hereinafter “instant shares”) of each real estate listed in the separate sheet (hereinafter “instant real estate”). On January 2, 2008, the Deceased made a testament by a notarial deed (No. 2008, a notary public, a law firm e.g., e., e., e., e., e., e., e., the instant shares) to the Defendant.

C. After the death of the deceased, on October 4, 2012, the entire transfer registration of the shares in the instant case was completed on August 25, 2012 in the name of the Defendant based on legacy.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion;

A. Since the shares of the plaintiffs in this case are the only inherited property of the deceased, the defendant is obligated to implement the registration procedure for transfer of ownership based on the return of each legal reserve of inheritance with respect to the shares of 1/16 of the real estate in this case which are 1/2 of each legal inheritance.

B. Since the Plaintiffs filed the instant lawsuit after one year from the time they became aware of the deceased’s death and testamentary gift, the extinctive prescription expired.

3. Determination

A. Article 1117 of the Civil Act provides that the right to claim the return of a legal reserve of inheritance "if the person having the right to the legal reserve of inheritance does not know of the fact that the gift was to be returned and the testamentary gift was made within one year from the commencement of the inheritance, the right to claim the return of the legal reserve of inheritance expires by prescription." Thus, it should be interpreted that "when the person having the right to the legal reserve of inheritance becomes aware of the fact that the gift was to be returned and that it was to be returned." Thus, in a case where the person having the right to the legal reserve of inheritance of inheritance is deemed null and void