착오로 인한 의사표시와 경제적 불이익의 관계

The title of this paper was set as “Legal Relationship between the voidance of a declaration of intention by mistake and economic disadvantage”. It is not possible to accurately predict what problems will occur in the future at this point. However, if it is a system that regulates social order, a way to minimize the risk should be sought to prevent unreasonable consequences. Since the mistake system is something that is being newly developed, a thorough examination of past problems can lead to a future mistake system that is more rational and accords with substantial justice. Article 109 (Declaration of Intention under Mistake) of the Civil Act stipulates that (1) A declaration of intention may be voidable if made under a mistake in regard to any essential elements of the juristic act: Provided, That if there has been gross negligence on the part of declarant, he shall not claim it to be voidable. (2) The voidance of a declaration of intention as mentioned in the preceding paragraph cannot be set up against a third person acting in good faith. The declaration of intention under mistake means the expression of intention while the declarant does not know the contents of such intention are different from what he/she intends to declare under a mistake. The Supreme Court has proposed a reasonable solution through various precedents regarding the mistake. The Supreme Court holds the position that if the mistaken party has suffered an economic disadvantage, it is possible to cancel the declaration of intention. However, I think that whether the mistaken party has suffered economic disadvantages due to the mistake is not directly related to the exercise of the right to cancel. In particular, I think that in the case of mistakes of identity, further economic disadvantages are not related to the exercise of the right to cancel based on the mistake. I think that in order for mistakes in the display and content to be recognized, there needs to be an economic disadvantage.