The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1.(a)

The purpose of the exclusion period is to determine the legal relationship as soon as possible by allowing the right holder to exercise the relevant right promptly. As such, unlike that the extinctive prescription brings about the effect of extinction of a right due to the passage of a certain period and the circumstances such as non-exercise of a right, the passage of the exclusion period itself brings about the effect of extinction of a right. Therefore, the starting point of starting the exclusion period is when the

(See Supreme Court Decision 94Da22682, 22699 Decided November 10, 1995). Article 999(2) of the Civil Act provides that “The right to claim recovery of inheritance shall expire after the lapse of three years from the date on which the right to claim recovery becomes aware of such infringement, and ten years from the date on which the right to claim recovery of inheritance has been infringed,” thereby setting a limitation period for exercising the right to claim recovery of inheritance as soon as possible the legal relationship surrounding inheritance (see Supreme Court Decision 94Da18249, Oct. 21, 1994). Unlike the short-term limitation period of three years, the ten-year limitation period runs immediately from the time when the right to claim recovery of inheritance has occurred due to the infringement of the right to claim recovery of inheritance.

B. The Act on Special Cases Concerning Family Relationship, Inheritance, etc. between Residents of South and North Korea (hereinafter “the Act on Special Cases Concerning Family Relationship”) was established with the aim of stabilizing the legal relationship on family relations, inheritance, etc. between South and North Korean residents by prescribing matters concerning family relations, inheritance, etc. between South and North

(1) Accordingly, the South and North Korean Family Special Act recognizes special exceptions for the exclusion period stipulated in the relevant provisions of the Civil Act in cases where a person who is a South Korean father or mother who is a South Korean resident, or a North Korean resident born out of wedlock files a lawsuit seeking confirmation of paternity or respect, within two years from the date on which the cause of hindrance to the filing of the lawsuit ceases to exist due to the termination of division, free communication, or any other cause.