1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On February 10, 200, H donated real estate stated in the purport of the claim (hereinafter “instant real estate”) to the Defendant. On February 12, 200, H completed the registration of ownership transfer under the name of the Defendant under the title of Suwon District Court No. 8412.

B. On February 12, 2008, H jointly succeeded to the respective 2/15 shares of L, the spouse, the Plaintiffs, the Defendants, D, M, and N, who are children, respectively.

C. He did not left any inherited property at the time of his death, and the Plaintiffs did not receive any gift or legacy from H.

[Ground of recognition] Facts without dispute, Gap evidence 1-4, Gap evidence 16, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, since the defendant received the real estate of this case which was owned by the deceased and infringed the plaintiffs' legal reserve of inheritance, it is obligated to return the legal reserve of inheritance to the plaintiffs.

B. The legal share of inheritance by the plaintiffs in the ratio of legal reserve of inheritance is 2/15 each, and the legal reserve of inheritance by the plaintiffs is 1/15 each amounting to 1/2 of their respective shares of inheritance.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to shares of 1/15 of the real estate in this case to the plaintiffs.

3. Judgment on the defendant's assertion

A. The gist of the assertion was that the above H donated the real estate to the Defendant at the latest around August 6, 2002 or around February 12, 2008. Since the deceased did not exercise his right to claim the return of the legal reserve of inheritance until one year after the deceased died on February 12, 2008, the right to claim the return of the legal reserve of inheritance has already expired.

B. In full view of the overall purport of the arguments in Gap evidence No. 2, the defendant among H's property, which opened a family conference around August 6, 2000, which is the plaintiffs and the defendant's parents, L, and M, N, and D, which are the defendant's parents, around August 6, 200.