견본주택 건축을 목적으로 하는 토지임대차에 있어서 사정변경에 의한 해지 가능여부 - 대법원 2020. 12. 10. 선고 2020다254846 판결 -

The principle of change is to acknowledge the right to amend or terminate a contract on the basis of trust and good faith, when significant changes that could not have been foreseen by the parties occur in the circumstances underlying the conclusion of the contract, resulting in harsh consequences for to one side by maintaining the original terms of the contract, after the contract was established. Supreme Court Decision prior to the current civil law ruled out the possibility of applying the principle of change in circumstance, and under the current civil law, the application of the principle has been recognized depending on the issue. As for the theory, opinions disagree on whether to recognize the principle of change in circumstances as a general principle in civil law. It must be acknowledged on the basis of trust and good faith, considering the intention of the parties concerned. In particular, if the subjective objective of the contract is not achieved in non-impossibility of performance situations, the principle of change in circumstance should be applied in terms of risk-allocation. In other words, it is necessary to examine whether there was an implied risk allocation between the parties and where the domain of risk belongs. Through this, if the subjective circumstances are evaluated as the basis for the transaction, the dissolution or modification of the contract should be considered as the effect of the change in circumstances. The target judgment in this article resolved the contract by acknowledging the principle of change in circumstances when the subjective purpose of the contract was not achieved. It is significant in that it was ruled in recognition of general principles.