1. All of the plaintiffs' claims are dismissed.

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

1. Determination as to the cause of claim

A. The facts of recognition (1) deceased on February 11, 2006, and the deceased on February 11, 2006 (hereinafter “the deceased”). The deceased on February 11, 2006 (hereinafter “the deceased”) had the Plaintiffs and the Defendant, who is son and son, as his wife G

(2) On June 3, 2004, the Deceased completed the registration of transfer of ownership in the name of each real estate listed in the separate sheet (hereinafter “instant real estate”). On June 3, 2004, the Deceased prepared a testamentary document stating that all of the instant real estate will testamentary gift (hereinafter “instant testamentary gift”) to the Defendant.

(3) At the time of the deceased’s death, there was no property or obligation other than the instant real estate, and the Defendant completed the registration of ownership transfer on February 2, 2007 on the instant real estate by testamentary gift on February 11, 2006.

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

B. According to the above facts, the plaintiffs' entitlement to legal reserve of inheritance is 1/13 (=2/13 of inheritance x 1/2). Since the deceased's entitlement to legal reserve of inheritance was infringed upon by transferring all of the real estate of this case to the defendant, barring special circumstances, the defendant is obligated to implement the procedure for registration of transfer of ownership based on the return of legal reserve of inheritance 1/13 of the real estate of this case.

2. The defendant's assertion argues that the extinctive prescription of the plaintiffs' right to claim the return of legal reserve has expired since the plaintiffs knew that the testamentary gift of this case was made before the deceased's birth.

On the other hand, the starting point of the short-term extinctive prescription period of the right to claim the recovery of the legal reserve under Article 1117 of the Civil Act, "when the person having the right to legal reserve of inheritance became aware of the fact that the inheritance had commenced and there was a gift or testamentary gift, and when it became known that the person having the right to legal reserve of inheritance did not return it."

(see Supreme Court Decision 2006Da46346, Nov. 10, 2006). However, the same applies.