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(영문) 서울고등법원 2016.04.08 2015나17861
소유권이전등기
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: (a) the amendment of “1. 27 January 27, 2014” of the second part of the judgment of the court of first instance to “1. 27 January 2004”; and (b) the Defendant’s addition of the following determination as to the matters asserted in this court is identical to the reasons for the judgment of the court of first instance; and (c) thus, this amendment is cited in accordance with the main sentence of Article 420

2. Additional matters to be determined;

A. At the time of the agreement of this case by the defendant, the defendant, at the time of the agreement of this case, did so with the intention of entering into a prudent agreement, and there is a significant imbalance between the plaintiffs and the defendant's benefits. Thus, the agreement of this case is an unfair legal act under Article

B. The unfair legal act under Article 104 of the Civil Act is established when there exists an objective imbalance between benefit and benefit in return, and a transaction which has lost balance as such is established when it was conducted by using gambling, rashness, or inexperience of the victimized party. The purpose of the act is to regulate gambling, rash, or influence of the injured party. The requirement for establishing an unfair legal act is not to satisfy all the requirements, but to fully satisfy only some of the requirements. The term “pathmbling” refers to “an urgent difficulty,” which may lead to an economic cause, and may be based on mental or psychological causes. Whether a party was in an imminent situation should be determined by comprehensively taking into account various circumstances, such as his age, occupation, education and social experience, degree of property experience, and degree of gambling in the situation. Meanwhile, even if the injured party was aware of the other party’s intent to use the act.

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