판례연구 : 2007년도 주요 民法관련 판례 회고

Abstract

This paper reviews 24 important cases decided in 2007. Among these cases,

the following cases are more important.

1. The Supreme Court decision on 29. 3. 2007 acknowledged for the first

time that a contract can be terminated because of the hardship.

2. On 15. 2. 2007, the Supreme Court declared en banc that a loan contract

with the extraordinary high rate of interest can be void because of the

social policy.

3. The Supreme Court decision of 21. 6. 2007 overruled its own decision in

2001 and declared that a tenant of an unregistered house can exercise

preferential right against the money obtained by the public sale for the land

on which the house stands.

4. According to the Supreme Court decision of 29. 11. 2007, one who

transferred money to anothers bank account by mistake should seek the

restitution from the receiver, not from the receivers bank.

5. The Constitutional Court declared on 30. 8. 2007 that the law which

limited the responsibility of one who caused a accidental fire in case of

gross negligence was incompatible with the constitution.