[소유권이전등기말소][공1993.12.1.(957),3070]
Article 104 of the Civil Act requirements for establishing an unfair juristic act
In order to establish an unfair juristic act under Article 104 of the Civil Act, one of the parties to a juristic act is in the state of old-age, rashness, or inexperience, and the other party must be aware of such circumstances and intend to use it. Furthermore, there is a significant imbalance between payment and benefit. In addition, one of the parties to the juristic act is not required to obtain all of the requirements, and one of them is sufficient.
Article 104 of the Civil Act
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law No. 4540, Oct. 23, 1992) (Law No. 1992, Oct. 23, 1992) (Gong1992, 329) and 193Da296, May 25, 1993 (Gong193Ha, 1853)
[Judgment of the court below]
Defendant 1 and one other Defendants, Defendant 1 et al., Counsel for the defendant-appellant-appellee
Seoul High Court Decision 91Na36316 delivered on March 17, 1993
All appeals are dismissed.
The costs of appeal shall be assessed against the defendants.
We examine the grounds of appeal.
In order to establish an unfair legal act under Article 104 of the Civil Act, one of the parties to a legal act is in the state of old-age, rashness, or inexperience, and the other party must be aware of such circumstances and intend to use it. Furthermore, there is a significant imbalance between benefits and consideration. In addition, one of the parties to the legal act is not required to have all of the requirements, but to have only one of them satisfied.
In light of the records, we affirm the judgment of the court below that the exchange contract of this case was null and void as a juristic act which has considerably lost fairness due to the plaintiff's initiative, and there is no error in the rules of evidence, the misapprehension of legal principles, or the omission of judgment, such as the theory of lawsuit. All arguments are without merit.
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing Defendants. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Final Young-young (Presiding Justice)