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(영문) 대전지방법원 서산지원 2021.02.09 2019가단55854
기타(금전)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be admitted in full view of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 9 (including various numbers for which they have several numbers).

A. D A. At the time of death on April 24, 2010, six children, including Plaintiff A, E, F (Death), Plaintiff B, G, and Defendant, were the inheritor.

B. On December 30, 199, the Defendant received each real estate listed in the list of the attached donation properties on December 30, 199, and completed the registration of transfer of ownership under the Daejeon District Court’s Seosan Branch Office registration and No. 391 on January 7, 200.

(c)

The defendant set up a right to collateral security with respect to each real estate listed in the separate sheet Nos. 1, 10, and 11, and each real estate listed in the separate sheet Nos. 13 and 14 was sold to I and completed the registration of transfer of ownership on October 19, 2005.

2. The right to claim the return of legal reserve of inheritance, which is the cause of the plaintiffs, does not extend within one year from the date when the right to claim the plaintiff knew of donation or testamentary gift to be returned to the commencement of inheritance, or if ten years have passed from the date the inheritance commenced (Article 1117 of the Civil Act), the fact that the inheritance commenced on April 24, 2010 and the inheritance commenced on the same day after death of the plaintiffs and the defendant. The lawsuit of this case was filed more than ten years after the commencement of inheritance as the cause of the claim of oil of this case, and more than six months after the plaintiff knew of the fact that there was a gift to be returned only at the time when the lawsuit of this case was filed, and more than six months after the plaintiffs did not explain about the inheritance, the plaintiffs did not know that their legal reserve of inheritance was infringed before and after the death of D on April 24, 2010.

Since the plaintiffs' claim for the return of the legal reserve of this case was extinguished by prescription.

I would like to say.

Therefore, the plaintiffs' claim of this case needs to be examined about other points.

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