상속회복청구권과 물권적 청구권과의 관계

This paper examined the legal nature of the claim for restoration of inheritance provided for in Article 999 of the Civil Code, while examining how it relates to the claim for real rights. First, the theory of collective rights, which is explained by the collection of individual claims arising with respect to the individual property constituting the inherited property, is appropriate. Accordingly, since the competition between the claim for restoration of inheritance and the individual claim (e.g., the claim for real rights) is denied, the claim for real rights to the inherited property is extinguished after a short period of exclusion under Article 999(2) of the Civil Code. Second, as shown in the first example, the right to claim real rights falls into the contradiction of protecting the heir presumptuous rather than protecting the heir after the short period of exclusion under Article 999(2) of the Civil Code. However, it should be understood that the Korean Civil Code followed the purpose of legislation to establish the legal relationship due to inheritance early and to stabilize the business relationship quickly. Third, the German Civil Code stipulates that when a petitioner exercises his/her right to claim the property, he/she shall comply with the provisions concerning the right to claim the restoration of inheritance (Special provisions: Article 2029 of the Act).