(a) Where data on the criteria for interpreting precedents of the relevant country with respect to foreign laws and regulations are not submitted in a conflict of laws case, the contents and the method of determining the meaning of the foreign laws and regulations;

B. The meaning of the heir who becomes the other party to the lawsuit for recovery of inheritance

C. The nature of a lawsuit disputing the effect of registration of an inherited property against a reference successor or a third party who acquired by the successor, claiming the ownership of the property right due to the inheritance on the premise that a genuine inheritor is the inherited property

A. In determining the contents and interpreting the meaning of foreign laws to be applied to an conflict of interest cases, the meaning and content of the foreign law shall be applied to the actual interpretation of the law in its country of origin. However, if it is impossible to confirm the contents because the case or the materials on the interpretation standards of the country of origin are not submitted during the course of litigation, the court may not determine the meaning and content of the law in accordance with the general legal interpretation standards.

B. Reference inheritor who becomes the other party to a claim for recovery of inheritance refers to a person who possesses all or part of the inherited property by referring to the person who has the appearance of relianceing the person who is the property inheritor or who occupies the whole or part of the inherited property by referring to the heir. It is also applicable to cases where one co-inheritors denies the inheritance rights of other co-inheritors and only one person is referred to as "the inheritance rights of other co-inheritors". If the real heir infringes on the inheritance rights (or inheritance rights) of the real heir upon meeting these requirements, the title inheritor may not require any particular requirement but become the other party to the claim

C. Even in a case where a registration of real estate, which is inherited property, is claimed against a co-inheritors or a third party who takes over the inherited property, on the premise that the inherited property is a genuine inheritor, on the premise that it is a real inheritor, and that the ownership or a right of share, etc. due to the inheritance is attributed to the property, and that the registration of real estate, which is inherited property, is asserted against the co-inheritors or those who take over the inherited property, it shall be interpreted as a lawsuit for recovery of inheritance under Article 999 of the Civil Act, regardless of

A. Article 26 of the Conflict of Laws Act b. Article 999 of the Civil Code

C. Supreme Court Decision 83Da632 delivered on July 23, 1985 (Gong1985, 1176) (Gong1985, 1176), January 17, 1989 (Gong1989, 288) (Gong1990, 1553)

Plaintiff-Appellant Park Jong-ap et al., Counsel for the plaintiff-appellant

Defendant-Appellee et al., Counsel for the defendant-appellant-appellee

Daegu High Court Decision 89Na5981 delivered on May 30, 1990

The part of the lower judgment against the Plaintiff is reversed, and that part of the case is remanded to the Daegu High Court.

As to the grounds of appeal by the plaintiff and his/her attorney

1. According to the reasoning of the judgment below, the court below determined the non-party 2's transfer registration of ownership on the site of this case where the non-party 1, a non-party 2, was originally owned by the deceased non-party 1, and the non-party 2, who was the deceased non-party 2, was registered on February 9, 1972 by the Daegu District Court No. 4693, and the non-party 2, who was the deceased non-party 2, was also registered on the non-party 1, the non-party 2, who was the deceased non-party 1, the non-party 3, the non-party 1, the non-party 2, the heir's title transfer registration on the non-party 1, the non-party 2, the non-party 3, the non-party 2, the heir's title transfer registration on the non-party 1, the non-party 2, the non-party 3, the deceased's heir's title of inheritance, and the non-party 1, the non-party 2.

According to Article 1146 of the Civil Code of the People's Republic of China, an inheritor whose right to inheritance was infringed may claim recovery from the date of becoming aware of damage, but the right to claim recovery shall be extinguished if it is not exercised for 2 years after the commencement of inheritance. Notwithstanding the form of inheritance infringed upon by the heir even if it is not always a claim for recovery of inheritance, it shall be deemed a claim for recovery of inheritance. This shall be exercised against the heir as well as the third party who succeeded to and acquired inherited property from the heir. It shall not be necessarily necessary to actively bring action, but it shall be exercised as a judicial assertion or extra-judicial argument by the heir. If one of the co-inheritors refers to the non-inheritors's right to inheritance and only the other co-inheritors's right to claim the recovery of inheritance was denied, and if the other co-inheritors seeks the exclusion of inheritance, it shall be deemed that the heir does not have any right to claim the recovery of inheritance within the time limit prescribed in the above Article 1 of the Civil Code, and thus, the heir's right to claim the recovery of inheritance is no longer known.

2. In determining the contents and interpreting the meaning of foreign laws to be applied to a conflict of interest case, the foreign law should be interpreted and applied in reality in its country of origin as well as the meaning and content of its application. However, in the case of this case where it is impossible to confirm its contents as the case or materials relating to the precedents of the country of origin are not submitted during the course of litigation, the court cannot determine the meaning and content of the law in accordance with the general legal interpretation standards. On this basis, the judgment of the court below that the interpretation of Article 1146 of the Civil Code of the Republic of China does not constitute a person who is a person who is a

An inheritor who becomes the other party to a claim for recovery of inheritance refers to a person who possesses all or part of the inherited property by referring to the person who has the appearance of relianceing on the person who is the inheritor or the heir, and refers to the case where one of the co-inheritors denies the inheritance rights of other inheritors and only one of himself/herself is entitled to the inheritance rights of only one of them. In addition, if the inheritance rights of the true inheritor (or the inheritance rights) are infringed upon upon by meeting these requirements, the title inheritor does not require any particular requirement and can become the other party to the claim for recovery of inheritance. In addition, under the premise that the inheritance of the property is true, he/she claims the ownership or ownership rights of the inheritance, etc. due to the inheritance, and against the co-inheritors or the third party who acquired the inherited property only by himself/herself or only by himself/herself has inherited the inherited property, even if disputing the validity of registration of the inherited property which is the inherited property, it shall be interpreted as the exercise of the above claim for recovery of inheritance under any method of exercising the right.

With respect to each building site of this case, it is evident that the ownership transfer registration made in the name of the plaintiff non-party 2 by the deceased non-party 1, who is the former owner of the building site of this case, was made by filing an application for ownership transfer registration based on the inheritance of Australia on behalf of the non-party 2, who is the deceased non-party 1, as the head of the co-inheritors, for the inheritance of Australia. Nevertheless, the ownership transfer registration made in the name of the deceased non-party 2, who is the former owner of the building site of this case, was made on October 29, 1963 with respect to the 32-6 to 23.8 square meters in Daegu-dong, Daegu-dong, 1963, but with respect to the 8-5 to 142.1 square meters in the same direction, the ownership transfer registration made in the name of the public official on the same day is confirmed by the mistake of the registration, which is the latter non-party 2's certificate of ownership transfer registration on the building site of this case.

Therefore, the registration of transfer of ownership made in the future from the deceased non-party 1 on the site of this case was made in place of the registration of inheritance without asking whether there was any other co-inheritors known of the existence of the other co-inheritors in registering the same, and whether such method was conducted in lieu of the registration of inheritance without asking whether the public book and other documents were forged, etc., and this is registered by the non-party 2, who is one of the co-inheritors, excluded other co-inheritors and independently inherited the property. As such, regarding the portion beyond his share of inheritance, the portion that goes beyond his share of inheritance is infringed upon by the other co-inheritors and the non-party 2 constitutes a co-inheritors, and the defendant's assertion disputing the validity of the registration against the plaintiff who acquired the above site, shall be deemed

Nevertheless, the court below rejected the plaintiff's assertion on the premise that the above recognition and judgment are contrary to the above recognition and judgment, which is not subject to criticism that there is an error of law by misunderstanding the legal principles as to the claim for recovery of inheritance. The arguments are reasonable.

Therefore, without further proceeding to decide on other grounds of appeal, the part of the lower judgment regarding the Plaintiff’s failure is reversed, and the case is remanded to the lower court. It is so decided as per Disposition by the assent of

Justices Kim Sang-won (Presiding Justice)