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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts without dispute;
A. C (hereinafter “the deceased”) died on March 17, 2012, and his/her heir is the Plaintiff, Defendant, D, and E, who is his/her child.
B. The Deceased owned each real estate listed in the separate sheet (hereinafter “instant real estate”). However, on June 14, 2012, the ownership transfer registration was completed to the Defendant on the ground of testamentary gift dated March 17, 2012.
2. The plaintiff asserted that the defendant infringed the plaintiff's forced inheritance by receiving the gift of this case from the deceased, and claimed the return of other money at the market value (1/8). The defendant claimed that the plaintiff's right to claim the return of forced inheritance has expired.
3. Determination
A. The right to claim the recovery of the legal reserve of inheritance is extinguished by prescription unless the person having the right to the legal reserve of inheritance becomes aware of the gift to be returned or testamentary gift within one year from the time when the person having the right to the legal reserve of inheritance becomes aware of the fact that the gift was to be returned or testamentary gift (the first part of Article 1117 of the Civil Act), and the "when the person having the right to the legal reserve of inheritance became aware of the fact that the inheritance was commenced and that there was a gift or testamentary gift, and that such return was to
B. In light of the above legal principles, the deceased prepared a testamentary document to testamentary gift the real estate of this case to the defendant on February 4, 2008, based on the following facts: (a) the plaintiff was living together with the deceased on the housing among the real estate of this case where the deceased was his residence; (b) after the deceased died on March 21, 2012, the real estate of this case was bequeathed by the defendant, D, E, and his spouse, etc. on the above housing; and (c) the real estate of this case was bequeathed by a testamentary document.