1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a deceased’s father C (hereinafter “the deceased”), and the Defendant is the deceased’s spouse.

B. The Deceased died on or around December 30, 1997, and there were each land indicated in the separate sheet as inherited property (hereinafter “each land of this case”) and the land of 207 square meters of Sinju-si D grave 207 square meters (hereinafter “the mountain site of this case”).

C. Around May 2008, the Plaintiff, Defendant, E, F, G, and H, the heir of the Deceased, drafted a written agreement on the division of inherited property (Evidence B, No. 3) with the content that the instant place of origin was solely owned by the Defendant.

The defendant completed the registration of ownership transfer on June 11, 2008 with respect to each land of this case and the industrial complex of this case on December 30, 1997 by agreement and division.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 3 (including branch numbers), the purport of the whole pleadings

2. On the ground that the Plaintiff’s determination as to the previous objection on each of the instant lands becomes null and void, the Plaintiff sought cancellation of the ownership transfer registration in the name of the Defendant with respect to 2/13 shares, which are the Plaintiff’s shares inherited due to the Plaintiff’s right to seek recovery of inheritance, the Defendant filed the instant lawsuit after the lapse of the exclusion period of the right to claim recovery of inheritance.

Therefore, we examine whether the exclusion period of the instant lawsuit has expired.

1) The right to claim for recovery of inheritance is extinguished three years after the date on which the infringement becomes known (Article 999(2) of the Civil Act; Article 999(2) provides that "the date on which the person becomes aware of the infringement of the right to inheritance," which is the starting point of the limitation period for the right to claim recovery of inheritance, refers to the time when he knows that he/she is the true heir and knows the facts excluded from his/her inheritance. Thus, it is not sufficient to presume or refer to the presumption or intent of the infringement of the right to inheritance; and at any time