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(영문) 수원지방법원평택지원 2015.07.01 2014가단14967
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 25, 1954, the deceased E and the deceased F were married married couple on September 25, 1954, and their children G, Plaintiffs, and Defendant were employed.

B. On January 21, 2005, the network E drafted a testamentary document (No. 126, 2005, a notary public) stating that each real estate listed in paragraphs 1 and 2 of the attached Table No. 1 (hereinafter referred to as “real estate No. 1 of this case”) shall deliver the real estate listed in paragraph 3 of the attached Table No. 3 of the attached Table (hereinafter referred to as “real estate No. 2 of this case”) to the Defendant, and to the Defendant.

C. The deceased on January 27, 2007, and on the same day legacy, the registration of ownership transfer was completed on February 28, 2007 in the name of the defendant with respect to the real estate No. 1 in this case, and on the basis of the network F and the defendant's co-ownership (each 1/2 share) with respect to the real estate No. 2 in this case.

The networkF died on February 17, 2014.

E. At the time of the deceased E’s death, the deceased E’s property is only the first and second real estate of this case, and the plaintiffs did not have any evidence of evidence from the deceased E.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the plaintiff's return of legal reserve of inheritance with respect to shares equivalent to the shortage of legal reserve of inheritance among the real estate Nos. 1 and 2 of the

3. Judgment on the defendant's defense

A. The defendant's right to claim the return of the legal reserve of inheritance expired due to the lapse of the prescription period stipulated in the first sentence of Article 1117 of the Civil Code.

B. According to Article 1117 of the Civil Code, 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 gift to be returned to the commencement of inheritance or the testamentary gift within one year, and the person having the right to the legal reserve of inheritance who becomes the starting point of the short-term extinctive prescription period is to return the gift to be

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