민법상 취소의 대상은 의사표시인가 법률행위인가

Article 109 (1) of the Civil Act is titled “expression of intention due to error” and stipulates that “an expression of intention may be revoked if there is an error in an important part of the legal act.” Article 110 (1) Paragraph 1 is titled “expression of intention by fraud or compulsion” and stipulates that “expression of intention by fraud or compulsion may be revoked (paragraph 1).” In addition, in Article 140, under the title “Person with the right to cancel a legal act”, “Only a person with limited capacity, a person who has expressed his/her intention by mistake or fraud or coercion, his/her representative or his/her successor can cancel a revocable juristic act”. There is.” is stipulated. The question here is whether the subject of cancellation is an expression of intention or a legal act. This is because, according to Articles 109 (1) and 110 (1), the object of cancellation is seen as an immediate expression of intention, and according to Article 140, the object of cancellation is seen as an immediate legal act. The author's view is that the object of revocation under the Civil Act should be viewed as an expression of intention, not a legal act. This is true even from a purely legal theoretical point of view, and since our civil law clearly stipulates that the object of cancellation is an expression of intention, it is also true in principle of literary interpretation.