時效中斷의 사유인 訴訟上 行爲 - ‘請求’

The Korean Civil Code provides a limitations period after which period an obli-geeʼs rights extinguish upon the obligorʼs contest, if the obligee does not exercise the rights during such a period of time. It also provides for a limitations period, 10 or 20 years, after which period an occupier of a piece of realty takes title by adverse possession, subject to other additional requirements. The Code also pro-vides that a “request” by an obligee may be deemed a basis for the tolling of such limitations periods. This paper focuses on the issue of under what situations where a partyʼs con-duct during litigation could constitute the request. With respect to “request,” based on the notion that it is necessary to recognize the tolling effect in the case of an obligeeʼs exercise of her rights in litigation, the paper construes the term “request” broadly, including not only the plaintiffʼs com-mencement of a court case, but also the defendantʼs trial conduct such as raising a defense and using her own rights to defend the case, affirmatively responding to the plaintiffʼs allegations. It is to be noted that the Supreme Court has taken the same position since a decision in 1993. Such tolling should be deemed to take place, in the case of “request,” at the submission of a complaint, at the submission of an application for amendment, or at the submission of a brief containing the allegation of such rights.