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(영문) 청주지방법원 2018.11.21 2018가단22718

소유권이전등기

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1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant land”) was owned by H, and H died on April 19, 202.

B. On June 11, 2012, the Defendants and three other and I, as the deceased’s inheritors or substitute inheritors, completed the registration of ownership transfer on each of the instant land based on inheritance according to the statutory inheritance shares.

C. Meanwhile, the plaintiff B is the above I's wife, and the plaintiff A is the above I's infant.

However, on April 12, 1995, a testamentary document was drawn up by a notary public to the effect that “the deceased will testamentary gift to the plaintiffs one-half of each of the lands of this case” (hereinafter “instant testamentary gift”).

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to Gap evidence 11

2. Determination on the defense prior to the merits

A. 1) The plaintiffs asserted that the legacy of this case is a universal legacy, and that the plaintiffs acquired ownership of 1/2 shares of each of the lands of this case on April 19, 2002, which is the date of the death of the deceased, and filed the lawsuit of this case with the defendants seeking the implementation of the procedure for the registration of ownership transfer based on the restoration of real name, such as the entries in the purport of the claim. 2) As to this, the defendants asserted that the lawsuit of this case was instituted after the expiration of the exclusion period.

B. 1) Article 99(2) of the Civil Act provides that “The right to recover inheritance shall expire after the lapse of three years from the date on which the infringement becomes known.” This applies by analogy to a comprehensive legacy (see, e.g., Supreme Court Decision 2000Da22942, Oct. 12, 2001). In this case, the term “date on which the infringement of the right to inheritance becomes known” refers to the time when a person knows that he/she was the true heir and knows that he/she was excluded from inheritance, and the presumption or doubt of the infringement of the right to inheritance is not sufficient, and at any time, infringement of the right to inheritance.