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(영문) 대구지방법원 경주지원 2017.02.09 2015가단11772
유류분반환 청구
Text

1. The defendant shall provide each real estate listed in the annexed list 1 to 3, 6 to 12, 14 to 28, and 30 to 39 to the plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on March 12, 2012, and the deceased’s heir is a woman D, E, E, Women F, C, T, C, C, C, C, C, C, C, C, C, and the Defendant, C, C, and Sanam.

B. On March 5, 1990, the Plaintiff received donation from the deceased each of the real estates listed in the separate sheet Nos. 1 through 3, 6 through 12, 14 through 28, and 30 through 39 (hereinafter “each of the instant donated real estates”).

C. On April 19, 198, the Plaintiff completed the registration of ownership transfer for the reasons of sale on April 18, 1998 with respect to each of the real estates Nos. 4 and 5 among the instant real estates. On June 12, 2008, the Plaintiff completed the registration of ownership transfer for each of the instant real estates No. 13 and 29.

There was no active inherited property or liability for inheritance at the time of the deceased’s death.

【Ground of recognition】 The facts without dispute, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff’s forced inheritance was infringed upon by transferring only all of the instant real estate owned by the deceased to the Defendant, and thus, the Plaintiff’s forced inheritance was returned to the Defendant.

3. Determination on the occurrence and scope of the claim for restitution of legal reserve of inheritance

A. The gist of the Defendant’s argument regarding the Defendant’s argument on the expiration of the extinctive prescription was already known to the Defendant before the death of the deceased, and the Plaintiff was present at the funeral ceremony of the Deceased, as well as at all property was donated or inherited from the Deceased. As such, the Plaintiff knew that his forced inheritance was infringed due to the donation of each of the instant real estate on the date of the death of the Deceased.

Therefore, it is apparent that the lawsuit in this case was filed more than one year after the deceased died. Therefore, the plaintiff's right to claim the return of legal reserve of inheritance is extinctive prescription.

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