1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

In cases where a person asserts, on the premise that he/she is a true inheritor, the attribution of property rights, such as ownership or ownership due to inheritance, and claims cancellation of registration, etc. of real estate, which is inherited property, from a reference inheritor or a third party who acquired a right to inherited property or entered into a new interest from a reference inheritor, constitutes a lawsuit for recovery of inheritance under Article 999 of the Civil Act, regardless of the cause of the claim, as long as the claim for

(See Supreme Court en banc Decision 90Da5740 Decided December 24, 1991, and Supreme Court Decision 2009Da42321 Decided October 15, 2009, etc.). The Plaintiff’s claim of this case constitutes a lawsuit for property recovery claim under Article 999 of the Civil Act, since the Plaintiff and the deceased, etc. jointly inherited the ownership transfer registration under the deceased E’s sole name without the Plaintiff’s consent, although the Plaintiff and the deceased, etc. jointly inherited the ownership as the deceased’s heir, they seek cancellation of the ownership transfer registration under the deceased E’s own name without the Plaintiff’s consent. Accordingly, the Plaintiff’s claim of this case constitutes a lawsuit for property recovery claim under Article 999 of the Civil Act, since the Plaintiff and the deceased, etc. jointly inherited the ownership transfer registration under the deceased E’s own name.

Therefore, the plaintiff's lawsuit of this case is subject to the exclusion period under Article 999 (2) of the Civil Act. "The date of infringement of the right to inheritance," which is the starting point of the exclusion period, refers to the date on which the successor occupies all or part of the inherited property or infringes on the right to inheritance of real estate which is inherited property by the method of completing the registration of ownership transfer.

A40, .