1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the Plaintiff’s assertion and each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff and the Defendant, the Defendant, died on January 2, 1922, and the deceased and succeeded solely by the deceased and the Defendant’s father, and thereafter, the deceased on March 25, 1981 and succeeded by the Plaintiff, the Defendant, the E, and the F.

Although each real estate of this case was jointly inherited property of the plaintiff et al., the defendant completed the registration of preservation of ownership in the defendant's sole name on July 22, 1983 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate after the deceased D's death.

Therefore, each registration of preservation of ownership in the name of the defendant with respect to each real estate of this case shall be cancelled as a cause invalidation.

2. We examine the legitimacy of the instant lawsuit.

In a case where one of co-inheritors claims cancellation, etc. of the registration of real estate, which is an inherited property, on the premise that he/she is a true inheritor, by alleging the ownership or ownership rights arising from inheritance and claiming the cancellation, etc. of the registration of real estate, which is an inherited property, such claim constitutes a lawsuit for inheritance recovery under Article 99 of the Civil Act, regardless of the cause of his/her claim (see, e.g., Supreme Court Decisions 83Da600, 83Meu2056, Feb. 14, 1984; 90Da5740, Dec. 24, 1991). Article 99(2) of the Civil Act regarding the limitation period of the right to claim inheritance recovery applies to this case (see, e.g., Supreme Court en banc Decision 79Da854, Jan. 27, 1981). Therefore, in a case where one of the co-inheritors claims the registration of preservation of ownership in the name of co-inheritors pursuant to Act on Special Measures for Inheritance Registration.

Supreme Court Decision 201Da1448 delivered on February 14, 1984