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 reasoning for the court’s explanation of this case is as follows, except for adding the following judgments to the pertinent part, thereby citing this case by the court of first instance pursuant to the main text of Article 420 of the Civil Procedure Act.

2. Additional determination of the defendant's assertion

A. 1) The Defendant asserted the extinctive prescription period: (a) there was an agreement between the Plaintiff and the Defendant to have the instant land owned by the Plaintiff; and accordingly, 400/1,231 of the instant land owned by the Plaintiff (hereinafter “instant co-ownership shares”) to the Plaintiff.

(2) The Plaintiff’s claim for ownership transfer registration as to co-owned shares in the Defendant’s name was completed after the lapse of ten years from September 1996, when the land substitution was made. The co-owned property partition agreement between the Plaintiff and the Defendant on September 2, 2001 (hereinafter “instant co-owned property partition agreement”). The co-owned property partition agreement between the Plaintiff and the Defendant on September 2, 1996, when the land substitution was made between the Plaintiff and the Defendant.

(2) As seen earlier, the Plaintiff’s claim for ownership transfer registration as to the co-owned shares in the name of the Defendant, based on the Plaintiff’s co-owned share agreement, has expired by prescription, barring any special circumstance. (2) As to this, the Plaintiff asserts that, based on the co-owned property partition agreement of this case, the extinctive prescription has not expired since the Plaintiff continues to occupy the land upon delivery on or around September 1996, on the ground that it was obvious that the lawsuit of this case was filed on April 4, 201, which was ten years after the lapse of the aforesaid ten.

The prescription system is to maintain social order continuously for a certain period and seek relief from the preservation of evidence that is difficult due to the passage of time, and those who do not exercise their rights on the so-called right are excluded from legal protection.