Main Issues

Notice of the purchaser's market price and mistake of the seller's act of sale

Summary of Judgment

In the sale transaction, even if the market price of the object has been reduced at the time of the sale, this is merely an error in the decision making and there is an error in the contents of the declaration of intention, so there is no error in the elements of the legal act.

[Reference Provisions]

Article 96 (1) of the Civil Act

Plaintiff-Appellant

Park Jong-chul

Defendant-Appellee

Ethicalism et al.

Judgment of the lower court

Seoul High Court Decision 57 civil defense 943 decided December 28, 1957

Reasons

In the sale and purchase transaction, each owner is in the position of this sea-bed that wishes to purchase and sell salt at a high price, and each owner makes his own interest with knowledge and experience to the maximum extent, barring special circumstances, so even if the market price of the subject matter is at a lower price than the market price, it cannot be deemed a juristic act by fraud, and even if the market price of the subject matter is not known at the time of sale and purchase, it cannot be viewed as a juristic act by fraud, and even if the market price of the subject matter is low between the subject matter and the market price, it cannot be viewed as an error in the elements of a juristic act, because the market price of the subject matter is at least 3,350 to 3,50,000, and it cannot be viewed as an omission in the sale and purchase transaction of the subject matter by the evidence of this city that the plaintiff intentionally purchased and sold the subject matter to 300,000,0000 original market price of the subject matter to 10,000,000.