The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

A claim arising from an act falling under a commercial activity as well as a claim arising from an act falling under a commercial activity for both parties is also subject to the application of a five-year extinctive prescription period as stipulated in Article 64 of the Commercial Act. Such a commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also ancillary commercial activities carried on by merchants for business (see, e.g., Supreme Court Decision 2002Da6760, 6777, Sept. 24, 2002). In order to reverse such presumption, a merchant’s act of a business for business purposes is presumed to be carried on for business purposes pursuant to Article 47 of the Commercial Act, and in order to reverse such presumption, a person who asserts other facts against it is liable to prove

(2) According to the reasoning of the lower judgment, the lower court determined that the Plaintiff’s act of purchasing the instant real estate from the Defendant, a merchant, constitutes a commercial claim subject to the five-year commercial statute of limitations under Article 64 of the Commercial Act, on the ground that the Plaintiff’s act of purchasing the instant real estate constitutes a commercial claim subject to the application of the five-year commercial statute of limitations under Article 64 of the Commercial Act, since it is recognized that the Plaintiff transferred the instant building while operating the main company, and thereafter, purchased the instant land used as a factory building and its site.

In light of the above legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the nature of the sales contract or the extinctive prescription of commercial matters

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.