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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the overall purport of evidence Nos. 1, 2, and 2 as well as the arguments, based on the facts based on Gap evidence No. 1-2 and the whole purport of the pleading, it is recognized that Eul died on October 8, 1965 and jointly succeeded to the property of the plaintiff, E, F, and G, and the defendant completed the registration of ownership transfer on July 23, 1997 on the ground of inheritance by agreement division, and the defendant thereafter sold the real property of this case to Samil Construction Co., Ltd.
2. Where a person asserts, on the premise that he/she is the true inheritor, the attribution of property rights, such as ownership or ownership due to inheritance, and a third party who 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 for cancellation, etc. of registration on real estate, which is inherited property, constitutes a lawsuit for recovery of inheritance as provided in Article 999 of the Civil Act, regardless of whether the cause of the claim is attributable to inheritance
In addition, Article 99(2) of the Civil Act provides that "the right to claim for recovery of inheritance shall expire after the lapse of three years from the date on which the heir becomes aware of such infringement, and ten years from the date on which the infringement of the right to inheritance occurred." Here, "the date on which the infringement of the right to inheritance occurs", which is the starting point of the limitation period, means the date on which the heir occupies all or part of the inherited property, or infringes the right to inheritance of a true heir by means
(See Supreme Court Decision 2009Da42321 Decided October 15, 2009, etc.). However, under the premise that the Plaintiff jointly inherited the instant real estate, the Defendant’s lawsuit on the instant real estate is solely based on the premise that the Plaintiff jointly inherited the instant real estate.