beta
(영문) 울산지방법원 2016.11.29 2016가단56488

소유권이전등기

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are children of the network D (hereinafter “the deceased”) that died on February 15, 2014.

B. The network D had children, other than the Plaintiffs and the Defendant, including the roads, networks, E, F, G, and H.

C. The real estate listed in the separate sheet (hereinafter “instant land”) was owned by the deceased, and on December 11, 2003, the registration of ownership transfer was completed against the Defendant on the ground of a donation made on December 10, 2003.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 3 (including attachment of provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The plaintiffs asserted that since the donation of the land in this case against the defendant infringes on the plaintiffs' legal reserve of inheritance, the defendant asserts that the defendant has a duty to implement the procedure for registration of transfer of ownership based on the return of each of the above 1/14 shares of the above land to the plaintiffs.

In this regard, the defendant asserts that the extinctive prescription of the plaintiffs' right to claim the return of the legal reserve of this case has expired, and even if not, the gift of this case to the defendant does not infringe the plaintiffs' legal reserve of inheritance.

B. Article 1117 of the Civil Code as to the completion of the extinctive prescription provides that the right to claim the return of the legal reserve of inheritance expires unless the person having the right to the legal reserve of inheritance becomes aware of the donation or testamentary gift to be returned within one year from the time the person having the right to the legal reserve of inheritance becomes aware of the commencement of the inheritance, and thus, it should be interpreted that "when the person having the right to claim the legal reserve

(See Supreme Court Decision 200Da66430, 66447 delivered on September 14, 2001, etc.). In the instant case, comprehensively taking account of the following facts acknowledged by the overall purport of the entries and arguments in the evidence Nos. 5 through 12, and 21 as follows, the Plaintiffs donated the instant land to the Defendant at the latest at the time of the death of the deceased, and thereby, the deceased gave rise thereto.