1. The instant lawsuit shall be dismissed.

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

1. The summary of the Plaintiff’s assertion and the Defendant, as co-inheritors who are children of the network C, acquired the Plaintiff’s share of 2/11 of the 2/140 square meters of the Donam-gu, Yandong-gu, Seoul, by inheritance, but the Defendant forged the Plaintiff’s seal imprint, thereby completing the registration of transfer of ownership under the Defendant’s name on January 23, 2009 due to the inheritance by agreement division, and disposed of the said real estate to others.

Therefore, the Defendant is obligated to pay the Plaintiff the money stated in the claim corresponding to the Plaintiff’s inheritance shares out of the purchase price of the above real estate.

2. Where a person claims the ownership of property rights, such as ownership or right of share arising from inheritance, on the premise that he/she is a true inheritor, and a person who has acquired a right to inherited property or entered into a new interest with respect to real estate from a reference inheritor or a reference inheritor claims cancellation, etc. of registration on real estate which is inherited property, such claim constitutes a lawsuit for recovery of inheritance provided by Article 999 of the Civil Act, regardless of whether the cause of the claim is attributable to inheritance (see, e.g., Supreme Court en banc Decision 90Da5740, Dec. 24, 1991; Supreme Court Decision 2004Da5570, Apr. 26, 2007; Supreme Court Decision 2009Da42321, Oct. 15, 2009). Article 999(2) of the Civil Act provides that “The right to claim recovery of inheritance shall expire three years from the date on which he/she becomes aware of such infringement, and ten years after the date of the infringement of inheritance right.”

On the other hand, when our Civil Code separates the inheritance recovery claim system, the inheritance recovery claim should be interpreted as one of the claims for return of special unjust enrichment or tort, so the above plaintiff's claim should also be considered as a lawsuit for inheritance recovery.