상속회복
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. The facts that the Plaintiff, the Defendant, D, and E died on March 4, 2017 and succeeded to the deceased’s property on March 4, 2017 are recognized by adding the purport of the entire pleadings to the statements in evidence Nos. 1 through 4, unless there is a dispute between the parties or by adding the purport of the entire pleading to the statements in evidence No. 1 through 4.
2. Judgment as to the primary cause of claim
A. The plaintiff's assertion that the defendant is liable to return the plaintiff's share of inherited property according to the plaintiff's claim for recovery of inheritance, which is a true part of the plaintiff, because the plaintiff occupied the inherited property from the deceased and refused to return it.
B. A claim for recovery of inheritance is a claim for the return of inherited property against the title heir or a third party who acquired a right to inherited property or entered a new interest from the title heir on the premise that he/she is his/her true heir. Here, the title heir refers to a person who infringes upon the real heir’s right to inheritance by holding the inherited property in whole or in part by referring to the appearance of his/her heir trust even though he/she does not have a legitimate right to inheritance, or by holding the heir in possession of the inherited property as the heir (see, e.g., Supreme Court Decisions 92Da11046, Oct. 9, 1992; 2007Da91855, Jul. 23, 2009). Accordingly, a person who claims recovery of inheritance not only includes the fact that he/she had the right to inheritance and the fact that he/she belonged to the possession of the decedent at the time of commencement of inheritance, but also includes the Plaintiff’s specific right to the inherited property upon the heir’s deposit’s request.