Requirements by duress that a declaration of intention by duress may constitute the cause of revocation of a juristic act.

In order to establish that there is duress that there is a cause for the revocation of a juristic act, it shall be the case where the other party to whom the declaration of intention in question is made has caused the person who is to be declared externally and thereby has caused the intention to make a decision on the juristic act, and has notified the illegal and future harm

[Defendant-Appellee] Attorney Cho Jae-chul et al., Counsel for defendant-appellee

Attorney Seo-sung et al., Counsel for the defendant-appellant

Daegu High Court Decision 71Na824 delivered on May 31, 1973

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the plaintiff's attorney are examined.

The court below, based on its adopted evidence, rejected the evidence of the court below's reasoning that the plaintiff was bound to the Busan District Prosecutors' Office around 16:00 on November 9, 1970 upon the defendant's complaint and was investigated by the investigation and the office from around 15:00 on the 11th day of the same month to the suspected case, such as the false entry of the original copy of the notarial deed concerning the auction case at the time of original judgment in the original judgment, and prepared and delivered the documents required for the ownership transfer registration on the two lots of dry field, which is the traditional real estate at the time of original judgment, in the condition of withdrawal of complaint to the defendant, and recognized that the ownership transfer registration on the two lots of dry field was made under the name of the defendant as to the fact that the ownership transfer registration was made due to the defendant's declaration of intent by coercion

In finding the above facts, it cannot be readily concluded that there is a violation of the rules of evidence in the process of determining the evidence committed by the court below, and even if the suspect feel subjective fears in the declaration of harm by duress, it should be said that there is coercion that the other party to whom the declaration of harm is made would cause revocation of the juristic act, and that there is an intentional act that makes the other party to whom the declaration of intention would cause fears of harm by coercion, and thereby, it should be said that the other party to whom the declaration of intention is made would have caused fears of harm and injury in the future.

Therefore, even though the plaintiff spawn’s subjective fear as the defendant’s threat of harm and injury, the fact that the plaintiff was investigated by investigators, as shown in the original judgment, and delivered the defendant with the document required for the registration of ownership transfer with respect to the two lots of dry field subject to the withdrawal of criminal complaint cannot be presumed to have caused harm and harm caused by the above intentional act, and even as stated in Gap evidence No. 4 in the debate, it shall not be a material that can readily conclude that the defendant’s above fact of harm and injury caused by the defendant’s intentional act should not be proven. In this case, except the evidence legitimately rejected by the court below, it cannot be concluded that there was an error of law in the misapprehension of legal principles as to the existence of causation caused by coercion in the original judgment, or in the misapprehension of legal principles as to coercion, or in the omission of the judgment that may affect the original judgment, and there is no reasonable ground to view that there is no considerable obstacle to the conclusion that the above judgment should not be revoked, as well as if the criminal liability should be revoked.

Therefore, the appeal shall be dismissed and the costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Red Man-Man (Presiding Justice)