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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the matters alleged in the court of first instance, and thus, it refers to the grounds for the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff asserts that the plaintiff's assertion of the completion of extinctive prescription in this case by the deceased's heir cannot be allowed as an abuse of rights against the principle of good faith.
The exercise of a debtor's right of defense based on the statute of limitations is governed by the principle of trust and good faith and the prohibition of abuse of rights, which are the major principles of our civil law. Thus, in special circumstances, such as where the debtor has made it impossible or considerably difficult for the creditor to exercise his right or the interruption of prescription before the completion of the statute of limitations, or acted to make such measures unnecessary, or where the creditor objectively obstructed the creditor from exercising his right, or where the debtor has made the right holder trust it, or where the debtor has made the right holder not to invoke the statute of limitations after the completion of the statute of limitations, or where other creditors under the same conditions receive the repayment of obligation, etc., and where it is remarkably unfair or unfair to allow the debtor to refuse the performance of obligation as an abuse of rights against the principle of trust and good faith.
(See Supreme Court Decision 2009Da72599 Decided June 30, 201). However, with respect to the extinctive prescription system with the purport of setting a certain time limit for the assertion of the legal relations, the time limitation for which the system is applied in a non-discriminatory manner to anyone is the primary and objective manner.