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강행규정 위반의 거래와 불법원인급여

Author
김동훈
Journal Title
법학논총
Publication Year
2020
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Summary

This paper analyzes the legal principles of illegal cause payment, focusing on the 2017 Agricultural Land Act violation case, and presents application criteria for the system in cases of violation of effectiveness regulations through comparison with previous cases. Critically, the criteria for determining whether an effectiveness regulation is violated are related to whether economic benefits are attributed to achieve legislative purposes, and whether the return of benefits should also consider unjust attribution of economic benefits for achieving normative purposes.

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