Whether a lawsuit seeking the cancellation of the registration of inheritance made by a person, other than the inheritor, together with a forged copy of family register, is a lawsuit claiming inheritance recovery.

In case where the mother of Gap filed an application for ownership transfer registration on the ground of inheritance with a certified copy of family register attached, stating that his mother’s name is the same as that of the inheritee Eul, etc., and the registration of ownership transfer has been made to Eul, the lawsuit where Eul filed for ownership transfer registration under the name of co-owner Gap and sought for the cancellation of the registration of ownership transfer under the name of Byung which was based on it, as a member of the co-owner, cannot be deemed as the lawsuit claiming inheritance recovery.

Article 999 of the Civil Act

Supreme Court en banc Decision 90Da5740 Decided December 24, 1991 (Gong1992,635) 92Da7955 Decided May 22, 1992 (Gong1992,1984) 93Da34848 Decided November 23, 1993 (Gong194Sang, 184)

Sovercho-cons

[Defendant-Appellant] Defendant 1 et al., Counsel for defendant-appellant-appellant

Suwon District Court Decision 93Na4332 delivered on August 10, 1993

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment of the court below, the court below held that the real estate in this case was legitimate in the court below's decision that the name of his mother on March 12, 1992 was deceased on the ground of the completion of repayment No. 1761 on December 30, 1957, and that the non-party 1 owned the non-party 1, whose ownership transfer registration was made on June 23, 1969 and his wife died on June 23, 1969, but the non-party 1 was his wife, the plaintiff, his wife, his child, and his wife, and the non-party 2, the above deceased on April 26, 1961, and the non-party 1, who was the deceased on October 10, 1984, and that the joint owner's ownership transfer registration was not legitimate in the court below's decision that the joint owner's claim was made under the name of the defendant for the recovery of inheritance under the name of the plaintiff on February 13, 19, 19, and the joint owner.

Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice)