beta
Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The instant real estate is registered in the name of Dong E for the first time on its land cadastre and unregistered, and, on July 7, 1981, DongF, the grandchildren of the above net E, the registration of ownership preservation was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094 on December 31, 197, and was amended by Act No. 3159 on December 6, 197, hereinafter “Special Measures Act”).
B. After the death of the netF, the Defendant, his father, completed the registration of creation of a superficies on the instant real estate by inheritance from the Cheongju District Court No. 12081, Sept. 21, 2012, as Cheongju District Court Decision No. 12081, Aug. 17, 2012. Accordingly, the registration of creation of a superficies was completed on February 10, 201 by the Cheongju District Court No. 17095, Jun. 10, 201.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4 (including paper numbers), the purport of the whole pleadings
2. Determination on this safety defense
A. The plaintiffs' claims in this case constitute the exercise of the right to claim recovery of inheritance under Article 999 of the Civil Act. Since the lawsuit in this case should be filed ten years after the registration of preservation of ownership in the name of the deceased F was completed on July 7, 1981, the lawsuit in this case is unlawful because the exclusion period of the right to claim recovery of inheritance expired.
B. (1) The determination is based on Article 999 of the Civil Act, regardless of the cause of the claim, in a case where a person asserts that he/she is a true inheritor and claims the ownership of property rights, such as ownership or ownership due to the inheritance, and a third party who acquired a right to inherited property or entered into a new interest with respect to the registration of real estate, which is inherited property, against the reference inheritor or a reference inheritor, and claims cancellation, etc. of the registration of real estate, which is inherited property.