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1. The defendant shall pay to the plaintiffs share of 14/162 of each of the real estate listed in the attached real estate list.
Reasons
1. Determination on the cause of the claim
A. Following the facts of recognition do not conflict between the parties, or may be acknowledged in full view of the entries in Gap evidence 2-1 to 3 and the whole purport of the arguments.
1) The deceased D (hereinafter referred to as the “Death”).
On May 22, 1985, the deceased reported the marriage with E and divorced on January 7, 1994. On October 28, 1995, the deceased reported the marriage with the defendant and died on May 29, 2009, and no special property was available at the time of death. 2) On July 25, 2008, the deceased entered into a contract with the defendant to donate 7/9 shares of each of the real estate listed in the attached real estate list (hereinafter “the gift of this case”). On July 28, 2008, the deceased completed the registration of transfer of ownership for each of the above shares on the grounds of donation.
3) The Plaintiffs are children born between the Deceased and E, and are F as children born between the Deceased and the Defendant. According to the above facts of recognition, according to the Plaintiffs’ claim for forced inheritance, the Defendant, barring any special circumstance, is obligated to implement the registration procedure for transfer of ownership based on the return of legal reserve of inheritance with respect to each of the instant real estate 14/162 shares (7/9 of the instant gift shares x 2/9 of the inheritance portion x 1/2 of the legal reserve of inheritance.
2. Judgment on the defendant's assertion
A. As to the claim on the extinction of prescription, the plaintiffs knew before the deceased's birth that the deceased donated the shares of this case to the defendant. On May 28, 2009, the plaintiffs attended the funeral ceremony of the deceased and disposed of the shares of this case to the defendant and changed the money equivalent to the shares of inheritance. Since they knew of the donation at the time of the death of the deceased, the plaintiffs' right to claim the return of forced inheritance terminated by prescription. (2) The plaintiffs' right to claim the return of forced inheritance was extinguished by prescription on the sole basis of the statements in the evidence No. 13-1, No. 13-2, No. 14-1, No. 2, and No. 14-2.
immediately after the death of the deceased, an objection is filed against the Defendant.