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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Each of the instant lands was owned by H. H. On May 16, 1990, H died on May 16, 1990, and his heir was wife I, children J, F, K, L, M, Plaintiff, and N.
B. On November 22, 1994, F completed the registration of transfer of ownership by inheritance on February 18, 1985 (hereinafter “instant inheritance registration”) with the receipt No. 17633 on November 22, 1994 (the receipt number No. 1763 with respect to the instant land No. 2 is deemed to be a clerical error) of the Jeonju District Court’s Net Chang Branch Registry on November 22, 1994.
C. F The Defendant and the designated parties who died on April 26, 1995, and who succeeded F, completed the registration of ownership transfer on each of the instant land by inheritance on August 14, 1995.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3
2. Determination:
A. Despite the Plaintiff’s assertion and F, etc. jointly inherited each of the instant land from the deceased H, F, as if they were solely inherited each of the instant land, was forged to a guarantee, thereby making the instant inheritance registration pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502).
The registration of inheritance of this case shall be cancelled by the registration of invalidation, and the registration of ownership transfer in the name of the defendant and the designated parties with respect to each land of this case shall also be cancelled.
B. The instant lawsuit constitutes a lawsuit for recovery of inheritance pursuant to Article 999(1) of the Civil Act. 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 of becoming aware of such infringement, and ten years from the date of the infringement of inheritance rights.
However, since it is apparent that the lawsuit in this case was filed more than 10 years after the date on which the registration of inheritance in this case claimed by the Plaintiff as infringement on inheritance rights was filed, the lawsuit in this case is unlawful after the exclusion period
3. It is so decided as per Disposition by the assent of all participating Justices on the bench.