A. The nature of a lawsuit demanding cancellation of registration against a reference successor, an inheritor or a third party taken over from him on the premise that he is a true inheritor with respect to inherited property

B. Legal nature of Article 982(2) of the Civil Act

A. In a case where, on the premise that a person is a true inheritor with respect to inherited property, claims the attribution of property rights, such as ownership or right of share arising from the inheritance, and the title inheritor or the third party who acquired the inherited property only claims the cancellation of registration on the inherited property against some co-inheritors or some co-inheritors who inherited the inherited property, if the assertion that the ownership or right of share belongs to the inherited property is based on the inheritance, such lawsuit shall be deemed a lawsuit for the recovery of inheritance under Article 99 of the

B. The provision on the extinction of the right to recover inheritance under Article 982(2) of the Civil Act set a short-term exclusion period to promptly make the confirmation of legal relations as to inheritance possible. Thus, even if there was an infringement of the right to inheritance after the lapse of 10 years from the date of commencing the inheritance, the right to claim the recovery of inheritance extinguished after the lapse of the exclusion period of 10 years

Articles 99 and 982(2) of the Civil Act

A. Supreme Court Decision 79Da854 delivered on January 27, 1981, 83Da600, 83Meu2056 delivered on February 14, 1984, and 83Da632 delivered on July 23, 1985

[Judgment of the court below]

Defendant 1 and three others

Seoul Central District Court Decision 87Na549 delivered on July 24, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

In a case where a title heir or his/her agent claims the cancellation, etc. of registration of real estate, which is inherited property, on the premise that he/she is a true heir with respect to inherited property, and only a title heir or a third party who acquired it, claims the cancellation, etc. of registration of real estate, which is inherited property, on the premise that he/she is the true heir, if the claim that the ownership or ownership belongs to the cause of inheritance, this lawsuit shall be deemed to be a lawsuit for the recovery of inheritance under Article 99 of the Civil Act, regardless of the cause of the claim (see Supreme Court Decision 79Da854, Jan. 27, 1981; Supreme Court Decision 83Da600,83Meu2056, Feb. 14, 1984; Supreme Court Decision 83Da632, Jul. 23, 1985). The provision that the right to claim recovery of inheritance becomes extinct ten years after the expiration of the short-term period of ten years after the commencement of inheritance, even if the expiration of ten years after the expiration of the statutory limitation period of inheritance.

In this regard, the decision of the court below which rejected the plaintiff's claim of this case as a lawsuit for recovery of inheritance after the expiration of the exclusion period of 10 years is just and there is no error in violation of law as pointed out in the grounds for appeal.

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

Justices Park Jong-dong (Presiding Justice)