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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The deceased D (hereinafter “the deceased”) died without inherited property on April 15, 2013, and the inheritor was the Plaintiff and the Defendant, her husband’s deceased, and the deceased on March 4, 2015.
B. On October 14, 2012, the Deceased sold F No. 1st floor G (hereinafter “instant real estate”) to H with the purchase price of KRW 200,000,000 (hereinafter “instant purchase price”).
C. On December 26, 2012, the Deceased remitted KRW 80,000,00 to the Defendant’s wife I, and KRW 14,053,273 to the Defendant on April 15, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiffs asserted that the deceased transferred additional KRW 112,806,546 to the defendant in addition to KRW 94,053,273 recognized in the basic facts, but there is no evidence to acknowledge that the deceased additionally transferred KRW 18,753,273 to the defendant.
B Inasmuch as the legal reserve of inheritance of the Plaintiffs, who are co-inheritors of the deceased, was infringed upon by donation to the Defendant, the Defendant should return to the Plaintiffs each deficient legal reserve of inheritance of KRW 18,801,091 (=12,806,546 x 1/3 x 1/2).
B. On April 15, 2013, the Defendant’s assertion that the deceased died, the commencement of inheritance against the deceased, and the fact that the deceased donated part of the purchase price of this case to the Defendant was known. Since the instant lawsuit was filed one year after that time, the Plaintiffs’ right to claim the return of the forced portion was expired.
C. The point of starting the short-term extinctive prescription period of the right to claim the return of legal reserve under Article 1117 of the Civil Act is when the person with the right to legal reserve of inheritance became aware of the fact that inheritance was commenced and that there was a gift or testamentary gift, and that it should be returned.