유류분제도 시행 전 증여된 재산에 대한 유류분반환 -대법원 2012. 12. 13. 선고 2010다78722 판결-

A secured portion right holder gets to exercise the claim of return for secured portions in case one’s secured portion has been infringed due to the donation performed by the inheritee. Especially, all donations that are special profits exercised on coheirs are acknowledged as the subject of return for secured portions even if they are not the “ones performed during one year prior to the commencement of inheritance”. But since the secured portions system according to Korea’s Civil Act is enforced since January 1, 1979 after being introduced by the Civil Act revision in 1977, whether the donations on coheirs performed before the enforcement of revised Civil Act of 1977 also become the subject of return for secured portions without exception as long as they are acknowledged as special profit becomes an issue. Seen from the position of donee, forcing to return even the donated properties acquired before the enforcement of revised Civil Act, in other words during the time period when the secured portions system did not even exist, after one’s death could be an infringement of property rights by the ex post facto law. The judgment which is the subject of research recently pronounced has great significance from the fact that it is the first Supreme Court case judging that the donations performed before the enforcement of secured portion system do not become the subject of return for secured portions reflecting from the revised Civil Act Addendum Paragraph 2 of 1977 prohibiting the infringement of vested rights by the ex post facto law. The subject of this paper is to examine various legal interpretational issues surrounding the amended Civil Act Addendum of 1977 being raised in the judgment at the position of approving the conclusion of judgement, and review related cases based on these things.