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Case Number of the immediately preceding lawsuit
Jeonju District Court-2016-B-9035 (Law No. 28, 2017)
Title
The real right of security shall not be preferentially paid out of the compensation alone with respect to the land to be expropriated.
Summary
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.
Related statutes
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
Cases
Supreme Court-2017-C-247350
Plaintiff-Appellant
00 City/Do
Defendant-Appellee
Korea
The second instance decision
Jeonju District Court-2016-B-9035 (Law No. 28, 2017)
Imposition of Judgment
November 09, 2017
Text
1. The appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiff.
Reasons
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