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(영문) 춘천지방법원 강릉지원 2018.09.19 2018가단30760

소유권말소등기

Text

1. Of the plaintiffs' lawsuits of this case, the Samcheon District Court Samcheon District Court was completed on August 3, 2005 as the received on August 3, 2005.

Reasons

1. We examine whether the part concerning the claim for cancellation of each ownership and share transfer registration, which was completed on August 3, 2005 under No. 9805 on August 3, 2005, among the real estate listed in the separate sheet 1, 2, and the third real estate listed in the separate sheet among the lawsuits of this case, is legitimate.

In cases where a person asserts, on the premise that he/she is a true inheritor, the attribution of property rights, such as ownership or ownership due to inheritance, and claims cancellation of registration, etc. of real estate, which is inherited property, from a reference inheritor or a third party who acquired a right to inherited property or entered into a new interest from a reference inheritor, constitutes a lawsuit for recovery of inheritance under Article 999 of the Civil Act, regardless of the cause of the claim, as long as the claim for

(See Supreme Court en banc Decision 90Da5740 Decided December 24, 1991, and Supreme Court Decision 2009Da42321 Decided October 15, 2009, etc.). The plaintiffs' claim of this case is a real estate listed in the separate sheet (hereinafter "each real estate of this case") in which the plaintiffs and the defendant jointly inherited it as deceased D's inheritors, but the defendant completed the preservation registration under the sole name, and thus, the part exceeding the defendant's inheritance's share in the property of this case in excess of the defendant's inheritance is a cause null and void, and thus, they claim cancellation of the registration against the defendant, who is a reference heir, by asserting that the right to share in each of the real estate of this case was reverted to the plaintiffs due to inheritance, and seek a cancellation of part of the registration on inherited property against the defendant, who is a reference heir, as such,

Therefore, the plaintiffs' lawsuit in this case is subject to the exclusion period under Article 999(2) of the Civil Code. "The date when the inheritance right was infringed", which is the starting point of the exclusion period, occupies all or part of the inherited property by the reference successor.