수용대상토지에 대하여 담보물권의 등기가 된 것 만으로는 그 보상금으로부터 우선변제를 받을 수 없음.[국승]
Jeonju District Court-2016-B-9035 (Law No. 28, 2017)
The real right of security shall not be preferentially paid out of the compensation alone with respect to the land to be expropriated.
As long as a mortgagee loses a preferential right to payment because he/she did not exercise a subrogation right, the mortgagee may not claim for the return of unjust enrichment even if other creditors have obtained a benefit from the compensation.
Article 342 of the Civil Act by subrogation, the exercise of a claim under Article 273 of the Civil Execution Act and other property rights
Supreme Court-2017-C-247350
00 City/Do
Korea
The second instance decision
Jeonju District Court-2016-B-9035 (Law No. 28, 2017)
November 09, 2017
1. The appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as