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(영문) 부산지방법원 2019.04.19 2018나52181

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment, which is identical to that of the following 2.

2. Additional determination

A. The Defendant alleged that the Plaintiff’s assertion was made by receiving money from the Plaintiff’s wife and his father and wife, and such an act constitutes a criminal act as a so-called “funeral degree,” and the instant authentic deed is null and void in violation of good morals and other social order stipulated in Article 103 of the Civil Act, and constitutes illegal consideration (Article 746).

B. As to the assertion of violation of Article 103 of the Civil Act, an act of anti-social order which is null and void under Article 103 of the Civil Act includes not only cases where the contents of the rights and obligations, which are the object of the juristic act, violate good morals and other social order, but also cases where the contents themselves are legally forced, or where the juristic act has the nature of anti-social order as a result of its existence of conditions contrary to social order or monetary consideration, and where the motive of the juristic act indicated or known to the other party is

(1) The Plaintiff’s act of preparing the instant authentic deed constitutes an anti-social order invalidated under Article 103 of the Civil Act and there is no other evidence to acknowledge it solely on the ground that the Plaintiff’s act of obtaining the degree and bachelor’s degree from the F University without completing the genuine curriculum necessary for the conferment of degrees. However, the Plaintiff’s act of promising the Defendant to pay the expenses incurred in acquiring the degree, and it is difficult to view it as an act constituting an anti-social order invalidated under Article 103 of the Civil Act.

Therefore, the plaintiff's above assertion is without merit.

C. As to the assertion of illegal consideration, Article 746 of the Civil Act is illegal.