(영문) 서울중앙지방법원 2014.10.28 2014가단2257

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(영문) 서울중앙지방법원 2014.10.28 2014가단2257

유류분 반환

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts without dispute;

A. The network I owned each real estate listed in the separate sheet (hereinafter referred to as the "each real estate of this case", and individually referred to as the "real estate of this case"). On May 20, 2005, I donated each of the real estate of this case to Defendant F, G, and H on May 27, 2005, and completed the registration of ownership transfer for one-third of each of the above real estate to Defendant D, and E on May 20, 2005, the real estate of this case was donated to Defendant D, and E on May 27, 2005, and completed the registration of ownership transfer for one-half of each of the above real estate shares to Defendant F, G, and H on March 10, 206, and completed the registration of ownership transfer for each of the above real estate shares to Defendant F, G, and H on March 27, 2006, and completed the registration of ownership transfer for each of the above real estate shares to Defendant H on May 20, 2008.

B. The deceased I died on February 25, 2008, and his heir as his heir and the defendant D, F, G, and H are children, and the defendant E is the wife of the defendant D.

2. The parties' assertion

A. The Plaintiffs asserted that the Defendants received each of the instant real estate from the deceased I and infringed the Plaintiffs’ legal reserve of inheritance, and sought the return of the legal reserve of inheritance as stated in the purport of the claim.

B. As to this, the Defendants asserted that the Plaintiffs’ right to claim the return of legal reserve has expired.

3. The right to claim the recovery 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 gift or testamentary gift that should be returned was made within one year from the commencement of inheritance (the first sentence of Article 1117 of the Civil Act). The "when the person having the right to the legal reserve of inheritance became aware of the fact that the gift or testamentary gift that the person having the right to the legal reserve of inheritance should return was made with the commencement of inheritance and the fact that there was the gift or testamentary gift, and that

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