1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The plaintiffs in the scope of this Court's trial filed a preliminary claim for the execution of the procedure for ownership transfer registration at the first instance court, and the first instance court dismissed the primary claim and accepted the preliminary claim.

Since the defendant appealed only, the subject of the court's trial is limited to preliminary claims.

2. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in the following cases, and thus, it is accepted in accordance with the main sentence of Article 420

【고쳐 쓰는 부분】 ▣ 제2항 ‘주위적 청구에 관한 판단’ 항목을 삭제한다.

▣ 피고의 이 법원에서의 새로운 주장을 포함하여 제1심판결 이유 제3의 다항 중 (2)항을 아래와 같이 고쳐 쓴다.

The defendant asserted that "(2) the defendant's assertion and judgment (A) 1) the defendant asserted that the plaintiffs' claim for damages was extinguished by prescription after the lapse of five years from January 1, 199, and the lawsuit in this case was filed on February 3, 2016 after the lapse of three years from July 8, 2008, which was the findings of the truth-finding decision of the past reorganization committee, and therefore, the defendant's defense of extinctive prescription does not constitute abuse of rights.

In addition, the claim for damages for delay is subject to extinctive prescription separate from the original claim, and thus, the claim for damages for delay prior to five years based on the date of the lawsuit in this case was extinguished by prescription

As to this, the plaintiffs asserted that the defendant's defense of extinctive prescription constitutes a means of real-time attack and defense, and even if not, it did not proceed with the extinctive prescription of the plaintiffs due to legal disability until the decision subject to a retrial is revoked.

2. The court on whether the method of offence or defense by force is applicable shall delay the conclusion of the lawsuit, resulting from the act of offence or defense which was submitted late at the time of intention or gross negligence of the parties.