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(영문) 대전지방법원홍성지원 2020.08.12 2018가단7887
유류분반환
Text

1. The plaintiff (Counterclaim defendant) and the plaintiff, and the defendant (Counterclaim plaintiff) respectively KRW 31,947,419, respectively, and the defendant KRW 8,408,376 and each of them.

Reasons

1. Basic facts

A. On March 20, 1955, the netF married with G on March 20, 1955 (Death on June 16, 2007) and placed Defendant C, Nonparty H, I, and the Plaintiffs as their children.

Defendant D’s children were Defendant C’s children, and the network F died on January 29, 2013.

B. Before the death of the F, the said F donated the real estate listed in the attachment No. 1 to 12 to Defendant C, and donated the real estate listed in the attachment No. 13 to 15 to Defendant D.

C. At the time of the death of the F, the remaining property in F was entirely 170 shares of E. The market value is 12,835,000 won at the time of the death.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The parties' assertion and judgment on the principal lawsuit

A. According to the facts of the judgment on the nature of the claim for legal reserve of inheritance, if the Defendants infringed on the legal reserve of inheritance of the Plaintiffs, the Defendants are obligated to return the legal reserve of inheritance to the extent of the infringement.

As to this, the Defendants asserted that, inasmuch as the instant lawsuit was filed on October 22, 2018, the Plaintiffs asserted that, on December 6, 2015, Plaintiff B’s claim for forced inheritance had expired due to the lapse of the extinctive prescription period, one year after the short-term extinctive prescription period of forced inheritance was expired.

On the other hand, the starting point of the short-term extinctive prescription period of the right to claim the recovery of the legal reserve under Article 1117 of the Civil Act, "when the person having the right to legal reserve of inheritance became aware of the fact that the inheritance had commenced and there was a gift or testamentary gift, and when it became known that the person having the right to legal reserve of inheritance did not return it."

(see, e.g., Supreme Court Decision 2006Da46346, Nov. 10, 2006). As asserted by the Defendants, the Plaintiffs brought to Defendant C the property of F in relation to inheritance on December 6, 2015.

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