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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
ex officio, this paper examines the legitimacy of the instant lawsuit.
As the children of the networkF, G, who is the grandchildren of the networkF, completed the registration of ownership transfer as to each of the real estates as stated in the plaintiffs’ respective claims (hereinafter “each of the instant real estates”) by infringing the plaintiffs’ share in inheritance, and acquired 7,140/39,690 of the plaintiffs’ share in each of the instant real estates (hereinafter “each of the instant real estates”). Since the Defendant, who is the wife, acquired each of the instant real estates after the death of the said G, the Plaintiffs seek implementation of the registration procedure for ownership transfer as to each of the instant real estates, as restitution.
In a case where a person claims the cancellation, etc. of registration of real estate, which is inherited property, from a reference heir or a reference heir who has acquired a right to inherited property or entered into a new interest, on the premise that he/she is a true heir, insofar as his/her ownership or ownership belongs to the inheritance, regardless of the cause of the claim, it constitutes a lawsuit for inheritance recovery under Article 99 of the Civil Act (see, e.g., Supreme Court Decisions 83Da600, 83Meu2056, Feb. 14, 1984; 90Da5740, Dec. 24, 1991; 99(2) of the Civil Act concerning the period of exclusion from the right to claim inheritance recovery applies to this case (see, e.g., Supreme Court en banc Decision 79Da854, Jan. 27, 1981); and Article 99(2) of the Civil Act concerning the period of exclusion from the right to claim inheritance recovery under the name of the deceased; Article 1992 of the Civil Act