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(영문) 대전지방법원서산지원 2017.07.26 2017가단50589
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 26, 1997, K is the land of this case with H 3,051 square meters and J 1,914 square meters for L on August 26, 199, and the land of this case with 3,785 square meters or less for I forest land on December 14, 199.

(B) On December 24, 1999, K has died, and on which December 24, 1999, Plaintiff A (the inheritance shares 3/17), Plaintiff B, C, D, E, F (the inheritance shares 2/17), and M and L (the inheritance shares 2/17) have succeeded to the property. (c) L died on September 28, 201, and his wife died on September 28, 201, and the Defendant, as his wife, completed the registration of ownership transfer of each of the instant lands on the grounds of inheritance by agreement division. [tin] The fact that there is no dispute over each of the instant lands by the Defendant on December 9, 201, and evidence Nos. 1 and 2 (the purport of each entry, including a serial number, and the entire purport of the pleadings as a whole.

2. The allegations and judgment of the parties

A. The plaintiffs asserted that the deceased K donated each of the instant lands to the deceased L, thereby infringing on the legal reserve of inheritance. Since the defendant comprehensively succeeded to the duty to return the deceased L's legal reserve of inheritance by inheritance of the deceased L's property, the defendant is obligated to return the insufficient legal reserve of inheritance to the plaintiffs. Accordingly, the defendant asserts that the right to claim the return of the legal reserve of inheritance of the plaintiffs has expired.

B. One health unit, the right to claim the return of legal reserve of inheritance becomes extinct by prescription after the lapse of ten years from the time of the commencement of inheritance (the latter part of Article 1117 of the Civil Act). The fact that the instant lawsuit was brought on February 16, 2017, which was far more than ten years since December 24, 1999 when the deceased K died, is apparent in the record, and thus, the Plaintiffs’ right to claim the return of legal reserve of inheritance expired by prescription.

Therefore, the plaintiffs' above assertion cannot be accepted without examining other points.

3. If so, the plaintiffs' claims of this case are all dismissed as it is without merit. It is so decided as per Disposition.

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