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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around September 25, 1997, C entered into a contract with the Defendant to donate each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) to the Defendant.
Since then, the defendant completed the registration of transfer of ownership on each of the real estate of this case by Law No. 29070, Oct. 22, 1997, which was received on October 20, 1997.
(hereinafter “instant donation”). (b)
C On December 14, 2018, the heir died with the Plaintiff, and the inherited property has the deposit claim of 7,000,000 won.
(hereinafter referred to as "C"). [Grounds for recognition] The fact that there is no dispute, Gap 1 through 3, Gap 4-1 through 3, Gap 7, and the purport of the whole pleadings.
2. Determination
A. The plaintiff asserts that the defendant and the deceased were liable to return the legal reserve of inheritance to the plaintiff, because they knew that they would be the only heir of the deceased at the time of the donation in this case, and they were donated to the plaintiff as the right holder of legal reserve
B. As a matter of principle, a donation to a third party who is not a co-inheritors may be claimed only when it was performed one year prior to the commencement of the inheritance. However, when both parties knew that damage would be inflicted on the person with the right to the legal reserve at the time of donation, a claim for the return of the legal reserve of inheritance is allowed even if it was made one year prior to the commencement
In a case where lineal descendants with half the statutory inheritance at the time of donation are expected to return as co-inheritors, in order to view that the third party donation was made with knowledge that the value of the donated property at the time of donation exceeds the value of the remaining property, as well as the situation where both parties knew that the value of the donated property at the time of donation exceeds the value of the remaining property, the increase in the property of the inheritee until the commencement date of inheritance in the future.