1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The network D (hereinafter “the deceased”) had the Plaintiff, F, G, H, Defendant, and I as his child between E and E.

B. On June 25, 1996, the Deceased donated the instant real estate to the Defendant, Seongdong-gu Seoul (hereinafter “instant real estate”) and completed the registration of ownership transfer based on the said donation under the name of the Defendant on June 27, 1996.

C. The Deceased died on February 6, 2012.

[Ground for Recognition: Facts without dispute, Gap 1, 2 evidence, Gap 14-1, 2]

2. Determination

A. The Plaintiff asserts that, on March 7, 2014, the Plaintiff became aware of the violation of the Plaintiff’s legal reserve of inheritance due to the gift of the instant real estate to the Defendant, the inheritor, before his/her birth.

On July 10, 2012, the Defendant filed an application with the Seoul Family Court for the conciliation of inheritance division and return of legal reserve against the deceased’s heir and the deceased’s heir on July 10, 2012. Since the Plaintiff was aware that there was a gift to be returned due to the Plaintiff’s infringement of legal reserve of inheritance, the Plaintiff’s right to claim the return of legal reserve of this case had already been extinguished by the lapse of one-year extinctive prescription period.

B. 1) According to Article 1117 of the Civil Act, the right to claim the return of the legal reserve of inheritance is extinguished by prescription unless the person having the right to the legal reserve of inheritance becomes aware of the fact that the inheritance was to be returned and that the person having the right to the legal reserve of inheritance became aware of the fact that the inheritance was commenced and that the person having the right to the legal reserve of inheritance was a gift or a testamentary gift, and the time when the person having the right to the legal reserve of inheritance became aware of the fact that the inheritance was commenced and that the person having the right to the legal reserve of inheritance was to return it (see, e.g., Supreme Court Decision 2006Da46346, Nov. 10, 2006).