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(영문) 전주지방법원 2017.10.11 2016가단14272
유류분반환청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiffs are children of the network F, and the network G is the second spouse of the network F (the marriage report of March 21, 1987), and the defendant is the children of the network G.

B. The deceased on April 10, 2014, and the deceased on April 10, 2014, the Plaintiffs, the spouse G, and their children, jointly inherited the netF’s property.

C. The deceased G died on October 16, 2015, and the Defendant, a child, succeeded to the deceased G’s property.

On August 7, 2012, the networkF donated the real estate listed in the separate sheet No. 1 and No. 2, and on April 22, 2013, the third real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2, 3, and Gap evidence 3, the purport of the whole pleadings

2. Since the Defendant’s donation of the instant real estate to the deceased G infringes on the Plaintiffs’ legal reserve of inheritance, the Defendant, who succeeded to the duty to return legal reserve of inheritance to the deceased G, is obligated to return the equivalent value to the Plaintiffs.

3. The judgment below held that since the plaintiffs filed the lawsuit of this case against the defendant seeking the return of legal reserve of inheritance after one year from the time when the deceased F knew that the deceased F donated the real estate of this case to the deceased G, the plaintiffs' right to claim the return of legal reserve of inheritance has expired one year extinctive prescription as stipulated in Article 1117 of the Civil Code, the defendant's right to claim the return of legal reserve

Article 1117 of the Civil Code provides that "When the person with the right to legal reserve of inheritance becomes aware of the fact that the inheritance was commenced and the gift or testamentary gift was made," which is the starting point of the short-term extinctive prescription period of the right to claim the return of legal reserve of inheritance under the provision of Article 1117 of the Civil Code,

(see, e.g., Supreme Court Decision 2006Da46346, Nov. 10, 2006). In addition, almost all the property of the inheritee was donated, and the person having the right to legal reserve of inheritance recognizes the above.

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