1. The plaintiffs' claims are dismissed.

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

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on August 14, 2006, and the plaintiffs, the defendants, the non-party F, and G are children of the deceased.

B. Meanwhile, on June 19, 2013, the Defendant completed the registration of ownership transfer based on testamentary gift on August 14, 2006 regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Defendant asserted that the Defendant registered the transfer of ownership of the instant real estate on the ground of the deceased’s legacy, and that there was a shortage in the Plaintiffs’ legal reserve of inheritance, which are co-inheritors of the deceased, the Defendant is liable to return 1/12 shares of each of the instant real estate to the Plaintiffs, who are entitled to legal reserve of inheritance.

In this regard, the defendant asserts that the plaintiffs' right to claim the return of legal reserve has expired by prescription.

B. Determination 1) The right to claim the return of legal reserve of inheritance is extinguished by prescription when 10 years have elapsed since the commencement of inheritance (the latter part of Article 1117 of the Civil Act). As seen earlier, the deceased died on August 14, 2006, and it is apparent in the record that the lawsuit of this case was filed on April 5, 2018 after 10 years have passed from the lawsuit of this case. Thus, the plaintiffs' right to claim the return of legal reserve of inheritance against the defendant had already expired before the lawsuit of this case was filed, barring any special circumstances. 2) The plaintiffs concealed the fact that they were bequeathed by the defendant, and completed the registration of ownership transfer on the real estate of this case around June 19, 2013, Article 166 of the Civil Act provides that the statute of limitations can run from the time when the plaintiffs can exercise their right to claim the return of legal reserve of inheritance.