1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant are siblings of the deceased C (Death on August 15, 1981, hereinafter “the deceased”).

In addition, the deceased's successors were wife D, son E (the expulsion from the military register on December 28, 1970), son F, son G, and son, but D died thereafter.

B. The Deceased was the owner of the instant real property until the time of death. The Plaintiff entered the Gun on October 28, 1981, immediately after the Deceased’s death, and was discharged from the office on May 17, 1984.

C. However, on September 22, 1982, the registration of transfer of ownership was completed in the name of the defendant on the grounds that all of the above shares of D, E, F, and the Plaintiff were traded by inheritance under Article 9274 of the above registry office received by the Changwon District Court (6/29), the defendant (6/29), F (4/29), the plaintiff (4/29), G (4/29), H (4/29), and H (4/29).

【Ground of recognition】 The facts without dispute, Gap evidence Nos. 1, 2, and 4 (including, if any), the purport of the whole pleadings

2. The parties' assertion

A. At the time of registration of transfer of ownership based on inheritance in the name of the deceased’s heir with respect to the instant real estate claimed by the Plaintiff, the Plaintiff was unable to sell and sell the Plaintiff’s inheritance shares (4/29) to the Defendant during military service and was not actually sold. Therefore, the registration of transfer of ownership in the name of the Defendant with respect to the Plaintiff’s inheritance shares among the instant real estate

Therefore, the Defendant is obligated to implement the procedure for ownership transfer registration for the Plaintiff’s share to the Plaintiff on the ground of the restoration of authentic title.

B. The Defendant’s assertion falls under the Defendant’s claim for recovery of inheritance. The Plaintiff filed a lawsuit beyond 10 years, which is the exclusion period, and thus, is unlawful.

Even if the instant lawsuit does not constitute a claim for recovery of inheritance, the Defendant’s acquisition of the Plaintiff’s share in the instant real estate by the heir is all the deceased.