Seoul High Court 201Na1553 ( December 20, 2012)

Conditions for becoming null and void by duress of a juristic act

In order to become null and void a juristic act by duress, the degree of coercion does not merely cause the other party to feel fears of mere illegal harm notification, but it should be the extent that the expression of intent was made in a state where the person who made the intent completely deprived of the possibility to make the decision by himself/herself, and only the external form of the juristic act was made.

2013Da9871 Cancellation of registration of ownership transfer.

GangwonAAA

It is as shown in the attached list of the defendant.

Seoul High Court Decision 2011Na15553 Decided December 20, 2012

June 27, 2013

The appeal is dismissed.

The plaintiff shall bear the costs of appeal.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, the court below's dismissal of all the plaintiff's claims against the defendants on the grounds that it is difficult to view that the forest of this case was conducted in the state where related documents, such as sales certificate, power of attorney, etc. used at the time of the transfer registration of ownership in the name of leul on December 19, 1988 with respect to the forest of this case, were altered or deprived of freedom of decision-making by coercion, is just, and there is no violation of law such as violation of logical and empirical rules and failure to exhaust all necessary deliberations, as alleged in the grounds of appeal. Furthermore, the plaintiff's assertion that the land transaction permission was not granted at the time of the transfer registration of leO's name at the time of the transfer registration, and thus invalid is only asserted in the final appeal, and it does not constitute a legitimate ground of appeal. Accordingly, the appeal is dismissed, and

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final