판례로 본 민법 제108조 제2항의 제3자 범위

Abstract

The thesis brings various cases of third parties interested based on those who made false expression and examines related precedents, leading to conclusion that it is more important to set the legal standards about a third-party limit than how to define the third party making the false expression. I argue that legal changes should be accompanied if appearance formed by false expression is taken as a fact and resulted in any new right or obligation. In addition, I present balancing conflicting interests between those making the false expression and those considering it as a fact and carrying into effect, attributing a fault to those making the false expression after comparing disadvantage those making false statement experience and advantage those carrying into effect based on the belief that the false expression is true.

The thesis brings various cases of third parties interested based on those who made false expression and examines related precedents, leading to conclusion that it is more important to set the legal standards about a third-party limit than how to define the third party making the false expression. I argue that legal changes should be accompanied if appearance formed by false expression is taken as a fact and resulted in any new right or obligation. In addition, I present balancing conflicting interests between those making the false expression and those considering it as a fact and carrying into effect, attributing a fault to those making the false expression after comparing disadvantage those making false statement experience and advantage those carrying into effect based on the belief that the false expression is true.