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1. The judgment of the court of first instance is modified as follows.
The share column in the separate sheet for each plaintiff shall be written to the plaintiffs.
Reasons
1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on this safety defense
A. Although Defendant C, E, and F’s assertion jointly succeeded to the land Nos. 2, 3, and 4 of this case owned by J, the Plaintiffs and 68 persons including Defendant A, Defendant A alone asserted that registration of preservation of ownership of each of the land Nos. 2, 3, and 4 of this case and registration of ownership transfer of each of the above land Nos. 4 of this case was completed, and Defendant A independently sought cancellation of registration of ownership preservation and ownership transfer registration within the extent exceeding the inheritance shares of Defendant A, which constitutes a lawsuit for recovery of inheritance under Article 999 of the Civil Act.
However, the lawsuit on the land of this case Nos. 2 and 3 is unlawful, since it was filed after the exclusion period of ten years from November 11, 2010, which was completed by Defendant A’s registration of initial ownership preservation, exceeds that of ten years.
In addition, the plaintiffs knew that part of the plaintiffs filed a lawsuit against other inheritance land of this case around 2012, the registration of ownership transfer was completed in Defendant A with respect to the land No. 4 of this case. Thus, the lawsuit on the land No. 4 of this case filed after the expiration of the exclusion period of three years is also unlawful.
B. In a case where, on the premise that the relevant legal principle is the true inheritor, a claim for the cancellation, etc. of registration of real estate, which is inherited property, is filed against a reference inheritor, or a third party who acquired a right to inherited property or entered into a new interest from a reference inheritor, claiming the ownership or ownership of inherited property on the premise that he/she is the true inheritor, such claim constitutes a claim for inheritance recovery under Article 999 of the Civil Act, regardless of the cause of the claim, insofar as the assertion that the ownership or ownership belongs to the property