미성년자의 법률행위 취소

소개글

[1] Question
Ray(19 years old) was gifted a brand new bike from his parents on his 19th birthday as a means for transportation and working out. Soon after his 19th birthday, he decided to sell his bike(worth ￦300,000) to Ms. Kang. Ray deliberately did not tell Ms. Kang the fact that he was a minor, and Ray`s parents had no idea of Ray`s selling of the bike. Ray later spent ￦200,000 in gambling and bought a present(worth ￦100,000) for his girl friend.

1. Can Ray ask Ms. Kang to return the bike he had sold?
2. What rights can Ms. Kang exercise regarding the contract above?

목차

Ⅰ. Regarding Question (1)
1. Issues
2. Ray`s Capacity
3. Whether Ray`s not informing Ms. Kang the fact that he is a minor constitutes "Deceit"
4. Conclusion

Ⅱ. Regarding Question (2)
1. Issues
2. "Before" the rescission of a contract
3. "After" the rescission of a contract.

본문내용

1. Issues
Ray, as a minor, can successfully rescind the contract(Art 5) and by relying on the ownership of the bike or unjust enrichment, can ask Ms. Kang to return the bike. As a precondition, we need to see ①whether this contract requires approval of Ray`s parents in order to be valid and ②whether Ray`s hiding the fact of him being

<중 략>

Ms. Kang cannot seek Tort as a remedy to be compensated because Ray`s rescission is not wrongful. Ray has the right to rescind. If we allow Ms. Kang to use Tort in such circumstances, the objective of civil law to protect the minors will be lost.

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