부당이득반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the court's explanation concerning this case are as follows: "16,051,00 won" in the first instance court's judgment 5, 5, and 6 shall be changed to "16,051,200 won" and "13,01,200 won" shall be deleted from "2,00 won" in the same 14, 63, and 14 (see Supreme Court Decision 2004Da31302, Oct. 29, 2007)"; "16,051,000 out of contract deposit" in the sixth 8th 7th 7th 7th 7th 7th 7th 8th 8th 5th 6th 6th 8th 6th 8th 7th 6th 6th 7th 8th 7th 6th 7th 6th 7th 2th 2nd 2nd 14th 2nd 2nd 2nd 3th 14th 2nd 3th 2nd 2nd 2nd 2nd 3.
2. The changed part
C. The so-called contract cancellation due to changes in circumstances may be acknowledged as an exception to the principle of contract observance in cases where a change in circumstances occurs due to a significant change in circumstances that the parties could not have predicted at the time of contract formation, and the change in circumstances occurred due to reasons not attributable to the party who acquired the right to rescission. If the binding force is recognized according to the contract contents, it may be recognized as an exception to the principle of contract observance in cases where there is a significant violation of the good faith principle. Here, the circumstance referred to in
In addition, damage was incurred due to a change in circumstances that are not the basis of the formation of a contract after which one party could not achieve the intended purpose of the contract at the time of the contract.
Even if there are no special circumstances, maintaining the validity of the content of the contract is contrary to the good faith principle.