beta
Text
1. All of the plaintiffs' primary claims are dismissed.
2. The defendant is listed in the separate sheet No. 1 to the plaintiffs.
Reasons
1. Basic facts
A. Of each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant 1 and 2”), E completes each registration of ownership transfer on August 1, 2001 with respect to the share of 9/21, the share of 6/21, and the share of 2/21 of the Plaintiffs, among the respective real estate listed in the separate sheet No. 1 and 2 (hereinafter “instant 1 and 2”).
E completed the registration of ownership transfer on February 21, 2003 with respect to the share of 9/21 above-owned on the ground of donation to Defendant D.
B. On August 1, 2001, among the real estate listed in the separate sheet No. 3 (hereinafter “instant 3 real estate”), E/ 9/42 shares, Defendant D/ 42 shares, and the Plaintiffs completed each registration of transfer of ownership on August 1, 2001 with respect to the respective shares of 42/42 shares by inheritance.
E on February 21, 2003, completed the registration of ownership transfer on the ground of donation to the defendant with respect to the share of 9/42 of its ownership.
C. F and E had G and Defendant as their children, and G married, and they had the Plaintiffs as their children.
The F died on May 19, 2001, G died on December 31, 1998, and E died on May 27, 2018.
The heir of E is the plaintiffs who are the defendant D and the substitute heir.
There is no property E at the time of death.
[Grounds for recognition] Each entry of Gap 1 through 3 (including paper numbers) and the purport of the whole pleadings.
2. Determination on the cause of the claim
A. As to the primary claim, the Plaintiffs claim for the equivalent value of the portion corresponding to the Plaintiffs’ legal reserve of inheritance among the value of the real estate of this case 1, 2, and 3 as the primary claim.
Korean Civil Code recognizes the legal reserve of inheritance in Articles 1112 through 1118, but there are no separate provisions regarding the method of returning legal reserve of inheritance.
However, in light of the provision of Article 1115(1) that "it is possible to claim the return of the property to the extent that the property is insufficient," etc., the person liable to return shall normally return the property subject to donation or legacy, or where it is impossible to return the original property.