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(영문) 서울고등법원 2018.07.03 2017나2064102
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Of the grounds of the judgment of the court of first instance which partially accepted the judgment of the court of first instance, the grounds of the judgment of first instance, “1. Basic Facts,” “2. Party’s assertion,” and “3. Undue enrichment

(a) through (c);

Each part of the judgment of the court of first instance shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the ground that this court has the same reasons as stated in each of the above parts, except where the "person for reference" in the judgment of the court of first instance is deemed to be an intervenor.

2. Judgment on the assertion of cancellation of a contract due to changes in circumstances

A. Cancellation of a contract due to changes in the relevant legal principles refers to the occurrence of a significant change in circumstances that could not have been predicted by the parties at the time of the formation of the contract, and the change in circumstances occurred due to reasons not attributable to the party who acquired the right of rescission. If the binding force of the content of the contract is recognized, it shall be recognized as an exception to the principle of contract observance in cases where the result is substantially contrary to the good faith principle. The term “assessment” in this context refers to an objective circumstance which served as the basis of the contract, not to mean a subjective or personal circumstance of either party. The circumstance which is not the basis of the contract formation subsequently changes thereafter, thereby causing damage

Even if there are no special circumstances, maintaining the validity of the content of the contract as it is cannot be deemed as contrary to the good faith principle.

(Supreme Court Decision 2004Da31302 Decided March 29, 2007, and Supreme Court en banc Decision 2012Da13637 Decided September 26, 2013, etc.) B.

Judgment

Based on the above legal principles, each of the evidence mentioned above, Gap evidence Nos. 49, Eul evidence Nos. 1, 7 through 13, 23, 27 through 29 (including a serial number) and the testimony of the witness B at the court of first instance, or the following facts or circumstances which are recognized or known after adding to the whole purport of the pleadings:

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