1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. The deceased E died on October 24, 2012 due to his/her own death. The heir of his/her property had Plaintiff A, B, C, and net F as his/her sibling, and Plaintiff D as his/her substitute heir of the deceased F.

B. The deceased E, a testamentary gift before the death of the instant real estate, was made by the Defendant on the ground of this, and the Defendant completed the registration of ownership transfer on December 21, 2012 on the land among the instant real estate, and completed the registration of ownership preservation on February 26, 2013 upon completion of the building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. Since the act of legacy the real estate of this case to the defendant before the plaintiffs' assertion E (hereinafter "the legacy of this case") infringes on the plaintiffs' legal reserve of inheritance, the heir of the deceased, the defendant is obligated to return the shares or the value of each of the real estate of this case to the plaintiffs.

B. The Defendant’s assertion was aware of the fact that the deceased E was bequeathed of the instant real estate before the birth, and one year after October 24, 2012 when the deceased E died, and the instant lawsuit was filed. As such, the Plaintiffs’ claim for the return of the forced portion of inheritance was completed and terminated by the short-term extinctive prescription of one year as stipulated in the Civil Act.

3. Determination

A. 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 person having the right to the legal reserve of inheritance did not return the gift or testamentary gift within one year after the commencement of inheritance (the first part of Article 1117 of the Civil Act). The term "when the person having the right to the legal reserve of inheritance became aware of the fact that the gift or testamentary gift was to be returned to the commencement of inheritance and the person having the right to the legal reserve of inheritance" refers to the fact that the inheritance

Supreme Court Decision 2006Da46346 Decided November 10, 2006.