1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 21, 2006, the Plaintiff and the Defendant were siblingsed, and his father C prepared a testamentary gift to the Defendant, including the instant real estate (hereinafter “instant testamentary gift”), and died on September 24, 2006.

B. On March 9, 2017, the Defendant completed the ownership transfer registration based on the instant legacy (hereinafter “instant ownership transfer registration”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8 and 9 (if there are provisional numbers, including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s testamentary gift against the Defendant of the deceased’s assertion constitutes a claim for ownership transfer registration due to a specific testamentary gift, and the extinctive prescription is ten years. The Defendant completed the instant registration of ownership transfer by exercising the right to claim ownership transfer registration extinguished on September 24, 2006 on March 9, 2017, when ten years have elapsed since the death of the deceased.

Therefore, the transfer registration of ownership in this case shall be cancelled, and the defendant is obligated to implement the registration procedure for transfer of ownership due to the restoration of real name with respect to the share of 2/15 of the plaintiff's inheritance shares in the real estate in this case

B. The Defendant’s assertion constitutes a universal legacy, and thus, the Defendant’s claim for ownership transfer registration is not subject to extinctive prescription, and the Defendant occupied the instant real estate on September 24, 2006 by April 2009, and thus, the extinctive prescription has not been completed at the time of March 9, 2017.

Furthermore, the contents of the legacy should be respected, and the conclusion should be made according to the testamentary donee’s intent.

(C) The assertion that the registration of transfer of ownership in this case is consistent with the substantive relationship is a registration that accords with the substantive relationship.

Judgment

Even if the testamentary gift of this case was made.