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All appeals are dismissed.
Of the costs of appeal, the costs of appeal between the Plaintiffs and Defendant F are assessed against the Plaintiffs.
Reasons
The grounds of appeal are examined.
1. Regarding the plaintiffs' grounds of appeal
A. 1) The system of statutory reserve of inheritance was amended by Act No. 3051 on December 31, 1977 and enforced on January 1, 1979 (hereinafter “Revised Civil Act”).
(1) Article 1008 of the Civil Act provides that “Where there is a person among co-inheritors who received a donation of the property from the inheritee, if there is a shortage of legal reserve equivalent to a certain percentage of legal reserve of inheritance due to the donation by the inheritee, the inheritor may claim the return of the property.” On the other hand, the Civil Act prior to the amendment provides that “if there is a person who received the donation of the property from the inheritee among co-inheritors, the gift does not require the return of the excess amount even if the gift exceeds his/her share of inheritance” (Article 1008 of the Civil Act does not stipulate the above special provisions as to the case where a third party who is not the inheritor received the donation of the property from the inheritee, the donee did not bear the obligation to return the property acquired by the donation to the donor or his/
Meanwhile, Article 2 of the Addenda to the amended Civil Act provides that "this Act shall not affect the validity of the previous Act," and this reflects the request for restriction on the right of benefit or prohibition of infringement by retroactive legislation.
In full view of the above provisions before and after the enforcement of the amended Civil Code, when the decedent donated the property to his heir or to a third party before the legal reserve of inheritance system and the ownership is transferred to the donee upon completion of the implementation thereof, the decedent's property does not retroactively become the subject of the claim for restitution by the legal reserve of inheritance even after the inheritance commences after the decedent died after the enforcement of the amended Civil Code.
The revised Civil Code.