In case where a junior creditor has received the amount to be preferentially reimbursed from the auction proceeds, the statement of unjust enrichment;

In case where a junior creditor has received the amount to be preferentially reimbursed from the auction proceeds, the senior creditor is not determined by the substantive legal relationship, regardless of whether a senior creditor has raised an objection to it, and therefore the junior creditor is obliged to return the amount of unjust enrichment to the extent of such obligation.

Article 34 of the Auction Act, Article 741 of the Civil Act

[Defendant-Appellee] Plaintiff 1 and 3 others

Seoul Trust Bank, Inc.

Seoul Civil District Court Decision 76Na631 delivered on October 29, 1976

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal Nos. 1, 2, and 3 of the defendant representative are also examined.

According to the reasoning of the judgment, the court below was just in finding that the plaintiff was not liable to pay the above maximum debt amount of the non-party 1 to the above non-party 4 and the non-party 1 to the above non-party 1 to the above non-party 5's claim amount of 1,20,00 won for 70 won and the non-party 1 to the above non-party 1 to the above non-party 5's claim amount of 40 won for the above non-party 1 to the above non-party 5's claim amount of 70 won and the non-party 1 to the above non-party 5's claim amount of 1 to the non-party 1 to the above non-party 5's claim amount of 10,000 won and the non-party 1 to the above non-party 5's claim amount of 70,000 won for the above non-party 1 to the above non-party 5's claim amount of the above non-party 1 to the above 5's claim amount.

Therefore, the defendant's appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Young-young (Presiding Justice)