【Plaintiff (Defendant in Counterclaim), Appellee and Appellant】 The ◇◇ Church of the Korean Methodist Church (Litigation Representative: Soho Law Firm, Attorneys Kim Ho-jin and 2 others)
【Defendant (Plaintiff in Counterclaim), Appellant and Appellee】 Defendant (Litigation Representative: Bae, Kim & Lee LLC (Yulchon), Attorneys Ko Hyun-cheol and 5 others)
【Judgment Below】 Seoul High Court Judgment 2010Na24642, 24659, dated September 9, 2011
【Order】
The part of the judgment below that ruled against the Defendant (Plaintiff in Counterclaim), insofar as it concerns the land listed in Attached List 1 of the judgment below, is reversed, and this part of the case is remanded to the Seoul High Court. The Plaintiff (Defendant in Counterclaim)'s appeal and the remainder of the Defendant (Plaintiff in Counterclaim)'s appeal are dismissed.
【Reasoning】 The grounds of appeal (to the extent that the supplementary brief on grounds of appeal, submitted after the deadline for submission of grounds of appeal, supplements the grounds of appeal) are examined as follows.
1. As to the grounds of appeal concerning the land listed in Attached List 1 of the judgment below (hereinafter “the ○○-ri Land at Issue”)
A. The court below, comprehensively considering the adopted evidence, found the facts as stated in its reasoning, and determined that the Plaintiff (Defendant in Counterclaim; hereinafter “Plaintiff”) purchased the ○○-ri Land at Issue from 1982 to 1983 and entrusted the title in the name of the buyer to the Defendant (Plaintiff in Counterclaim; hereinafter “Defendant”), that the seller at the time was unaware of the title trust, and that since the Plaintiff failed to register the land under its real name within the one-year grace period from July 1, 1995, as prescribed by Article 11 of the Act on the Registration of Real Estate under Actual Titleholder's Name (부동산 실권리자명의 등기에 관한 법률), and that period lapsed, the title trustee, the Defendant, acquired complete ownership of the ○○-ri Land at Issue as of July 1, 1996, thereby unjustly enriching himself with the land itself. On this basis, the court below recognized the Plaintiff's claim for restitution of unjust enrichment with respect to the ○○-ri Land at Issue.
Furthermore, the court below determined that the Defendant's defense of extinctive prescription against the Plaintiff's claim for restitution of unjust enrichment constituted an abuse of rights contrary to the principle of good faith and could not be permitted, in light of the following: that the Defendant served as the representative and head pastor of the Plaintiff church from 1974 until his retirement around March 2008, exercising extensive authority over the overall administration of the church, including its finances and personnel; that, until around early 2007, the year immediately before his retirement, the Defendant had consistently stated, both in official and private settings, that the ○○-ri Land at Issue and the △△△ Prayer House building situated thereon belonged to the Plaintiff church, and had indicated the △△△ Prayer House as an affiliated institution of the Plaintiff church in the church bulletin, newsletters, and congregation handbooks prepared under his ultimate responsibility, and had requested that the congregants of the Plaintiff church contribute various offerings and volunteer labor with a sense of ownership for the development of the △△△ Prayer House, thereby giving the congregants of the Plaintiff church the trust that, although the registration of the ○○-ri Land at Issue was in his own name, it would at any time be transferred to the Plaintiff church; and that the dispute between the Plaintiff and the Defendant concerning the ○○-ri Land at Issue and other matters arose around early 2007, immediately before the Defendant entered his sabbatical leave preceding his retirement, and it was from this point that the Defendant began to refuse the transfer of registration for the ○○-ri Land at Issue and to assert his rights thereto.
B. However, the judgment below's determination that the Defendant's defense of extinctive prescription is not permissible cannot be upheld, for the following reasons.
The exercise of a debtor's defense of extinctive prescription is also governed by the principle of good faith and the prohibition of abuse of rights, which are fundamental principles of our Civil Act (민법). Accordingly, even where the debtor made it impossible or significantly difficult for the creditor to exercise its rights or to interrupt the prescriptive period prior to the completion of prescription, or engaged in conduct that led the creditor to believe that such measures were unnecessary, or where there existed objective impediments preventing the creditor from exercising its rights, or where, after the completion of prescription, the debtor displayed conduct suggesting that it would not invoke the completed prescription, thereby causing the creditor to rely on such belief, and the creditor exercised its rights within a reasonable period from the time such impediment was removed, during which the creditor could be expected to exercise its rights—in such cases as well, the debtor's assertion of the completion of extinctive prescription cannot be permitted, as it constitutes an abuse of rights contrary to the principle of good faith. However, denying the effect of the completion of prescription on the basis of the principle of good faith in this manner must remain an exceedingly exceptional limitation on the system of extinctive prescription, which is founded upon the ideals of achieving legal stability, remedying difficulties of proof, and sanctioning negligence in the exercise of rights. Therefore, absent special circumstances, the “reasonable period” for the exercise of rights referred to above must be restricted to a short period, by analogy to the suspension of prescription under the Civil Act (see, e.g., Supreme Court en banc Decision 2012Da202819, decided May 16, 2013).
Even according to the reasoning of the judgment below, a dispute arose between the Plaintiff and the Defendant concerning the ownership of the ○○-ri Land at Issue around early 2007, and it was in that state that the Defendant retired from the position of head pastor of the Plaintiff church around March 2008. Accordingly, it may be considered that, at the latest around March 2008, the impediment preventing the Plaintiff from exercising its rights had ceased to exist. However, the Plaintiff did not file the instant lawsuit seeking restitution of unjust enrichment against the Defendant until March 19, 2009, well beyond the period corresponding to the suspension of prescription under the Civil Act. Therefore, absent special circumstances, it cannot be said that the Plaintiff exercised its rights within a reasonable period.
Nevertheless, the court below concluded, solely on the grounds stated in its reasoning, that the Defendant's defense of extinctive prescription with respect to the ○○-ri Land at Issue constituted an abuse of rights contrary to the principle of good faith and could not be permitted. This determination by the court below involves an error of law regarding the legal principles governing whether a defense of extinctive prescription constitutes an abuse of rights, which affected the judgment, and the Defendant's argument in the grounds of appeal pointing this out has merit.
2. As to the grounds of appeal concerning the remaining buildings, the loan, and the retirement allowance
The court below, based on the adopted evidence, found the facts and circumstances as stated in its reasoning, and determined that the First Building was constructed with the Plaintiff's funds and labor and thus was originally acquired by the Plaintiff, and that, among the Additional Buildings, the portions other than the C Building were affixed to the First Building originally acquired by the Plaintiff. However, the court below determined that it was difficult to find that the Plaintiff originally acquired the C Building among the Additional Buildings, the Second Building, and the Third Building, that the Defendant lent 120,000,000 won to the Plaintiff at the time of the purchase of the □□-dong Land at Issue, or that there was an agreement that the Plaintiff would pay the Defendant a retirement allowance of 700,000,000 won.
Upon examination in light of the relevant legal principles and the record, the fact-finding and determination of the court below are justified, and there is no error of law therein, as argued in the grounds of appeal, in violation of the rules of logic and experience, exceeding the limits of the principle of free evaluation of evidence, or misunderstanding the legal principles concerning the presumptive effect of registration.
3. Conclusion
Accordingly, without examining the Defendant's remaining grounds of appeal, the part of the judgment below that ruled against the Defendant, insofar as it concerns the ○○-ri Land at Issue, is reversed, and this part of the case is remanded to the court below for further examination and determination. The Plaintiff's appeal and the remainder of the Defendant's appeal are dismissed. This judgment is rendered pursuant to the unanimous opinion of the participating Justices, as set forth in the Order.
Justice Kim Shin (Presiding Justice), Min Il-young, Lee In-bok (Justice in Charge), Park Bo-young