1. The instant lawsuit shall be dismissed.

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

1. The fact that each registration of ownership transfer in the name of the Defendant was completed on May 28, 1999 on the grounds of inheritance due to the consultation division on May 5, 1997 with respect to the area of 533 square meters and D 304 square meters, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, in which the registration of ownership transfer was completed under the name of the basic facts E is not in dispute between the parties.

2. Ex officio determination on the legitimacy of the lawsuit

A. The plaintiff filed the lawsuit in this case by asserting that, although the defendant, among the co-inheritors of the deceased E (Death on May 5, 1997), among co-inheritors, completed the registration of ownership transfer with respect to each of the above land, which is inherited property, even though the defendant did not have reached an agreement on the division of inherited property among co-inheritors, the plaintiff completed the registration of ownership transfer. Since the above registration is invalid, the defendant is liable to implement the procedure for cancellation of ownership transfer registration

B. In a case where one of the co-inheritors has completed the registration of ownership transfer of inherited real estate on the ground of inheritance by agreement division, the lawsuit claiming cancellation of such registration is also deemed null and void on the ground that such agreement division was made without the consent of other co-inheritors.

(See Supreme Court Decision 2007Da17482 Decided March 10, 201). E died on May 5, 1997, and his co-inheritors were one of the parties, and there is no dispute between the parties, and each of the above lands is inherited property.

The lawsuit of this case is an action for recovery of inheritance under Article 999 of the Civil Act, since each registration of transfer of ownership completed on May 28, 1999 on each of the above land in the name of the defendant, the co-inheritors, who was a one of the co-inheritors, was unable to reach an agreement on division of inherited property between the deceased and the deceased co-inheritors, or such agreement is null and void.

On April 12, 2019, the Plaintiff filed the instant lawsuit.