1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. Between the deceased C (Death on November 6, 2009, hereinafter “the deceased”) and the deceased D (Death on December 9, 2006) and the heir, the heir is the Plaintiff, Defendant, E, and F.

B. E filed a lawsuit claiming inheritance recovery (Seoul Central District Court 2012Ga285591) against the Defendant to the effect that “The deceased’s inherited property (hereinafter “instant inherited property”) was KRW 104,803,507, which is the deceased’s inherited property, but the Defendant went alone to recover the money corresponding to the inheritance share ratio of E.

C. The appellate court (Seoul Central District Court 2014Na3343) decided that the inherited property of this case did not exist in the above lawsuit, and the appellate court (Seoul Central District Court 2014Na3343) rendered a judgment that "the deceased's heir shall have a share in the 1/4 equal ratio because the inherited property of this case exists, and since it is common inherited property, the deceased's heir shall have an obligation to return the inherited property of this case. The defendant has an obligation to return the inherited property of this case because he infringed upon the inheritance of the co-inheritors by taking over the entire inherited property of this case."

The appeal against the above judgment (Supreme Court Decision 2015Da11441) was dismissed on May 28, 2015.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap 1 to 5, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiff alleged by the parties against the defendant on the ground of the plaintiff's claim for recovery of inheritance. The plaintiff sought money from the plaintiff's claim equivalent to the plaintiff's share of the inherited property

In this regard, the defendant asserts that the lawsuit of this case is unlawful after the lapse of the exclusion period as the lawsuit for inheritance recovery.

B. As to the limitation period of a lawsuit seeking recovery of inheritance, Article 999(2) of the Civil Act provides that the claim for recovery of inheritance shall expire after the lapse of three years from the date on which the infringement becomes known, and ten years from the date of the infringement of inheritance rights.

(b).