契約解除에 관한 最近 判例의 動向
A Recent Trend of Case Law on Termination of Contracts
0
조회
0
다운로드
4
인용
0
참고문헌
키워드
초록
This Article focuses on the survey of recent trend of case law on termination of contracts while analyzing recent cases of the Supreme Court mainly since 2003. Generally the established legal theory of cases are succeeded and the new cases changing the direction of court are not found. But some cases add some important points to the existing case law. For example one case shows how to measure the benefit of use which is to return to the other party by termination of contracts. Another case declares the terminating party has the burden of proof that the third party knew the occurrence of termination. The issue is to be researched more deeply if the creditor who has the registration of attachment on the real estate is to be protected as the third party. And it leaves something to be desired that the Court sticks to the old theory of division of main and incidental obligation as the criteria of termination.
Abstract
This Article focuses on the survey of recent trend of case law on termination of contracts while analyzing recent cases of the Supreme Court mainly since 2003. Generally the established legal theory of cases are succeeded and the new cases changing the direction of court are not found. But some cases add some important points to the existing case law. For example one case shows how to measure the benefit of use which is to return to the other party by termination of contracts. Another case declares the terminating party has the burden of proof that the third party knew the occurrence of termination. The issue is to be researched more deeply if the creditor who has the registration of attachment on the real estate is to be protected as the third party. And it leaves something to be desired that the Court sticks to the old theory of division of main and incidental obligation as the criteria of termination.