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(영문) 수원지방법원평택지원 2016.10.14 2016가단40052
유류분(지분) 반환 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The F (hereinafter “the deceased”) died on March 23, 2006, and the Plaintiffs, Defendant, and G, as F’s children, jointly inherited the deceased in proportion to 1/6 shares, respectively.

B. On June 23, 1990, the Deceased completed the registration of transfer of ownership on the grounds of “the donation on June 22, 1990” with respect to each real estate listed in [Attachment List Nos. 1 through 7] to the Defendant, and on April 8, 2002, the registration of transfer of ownership was completed to the Defendant and G on the grounds of “the donation on April 2, 2002” as to the real estate listed in [Attachment List No. 8] on the grounds of “the donation on April 2, 2002.”

C. As above, the deceased’s donation of each of the real property listed in the separate sheet (hereinafter “each of the instant real property”) did not have any property at all at the time of the death, and the Plaintiffs did not have any dives and hump property from the deceased.

[Ground of Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of the judgment as to the cause of the claim, the defendant is obligated to implement each procedure for transfer of ownership on the ground of "return of legal reserve of inheritance on March 23, 2006" with respect to each portion of the claims stated in the claims corresponding to the shortage of legal reserve of inheritance among each of the real estate of this case, unless there are special circumstances.

3. Judgment on the defendant's defense

A. The defendant's defense is a defense that the defendant's right to claim the return of the legal reserve of this case expired with the lapse of the one-year prescription period under Article 1117 of the Civil Code.

B. According to Article 1117 of the Civil Act, the right to claim the recovery of the legal reserve of inheritance does not commence within one year from the time when the person having the right to the legal reserve of inheritance became aware of the gift to be returned to the commencement of inheritance or the testamentary gift. The right to claim the recovery of the legal reserve of inheritance has been extinguished by prescription, and the person having the right to the legal reserve of inheritance has commenced inheritance.

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