배당이의를 하지 않은 채권자의 부당이득반환청구 - 대법원 2019. 7. 18. 선고 2014다206983 전원합의체 판결을 계기로 -

초록

In a case where a creditor entitled to a right to distribution did not receive his/her share of distributions and instead other creditors received the said share of distributions, the creditor can claim his/her right back by raising an objection against the distribution and by further filing a lawsuit for demurrer against distribution. The issue here is whether the creditor who has not even raised an objection against the distribution and who did but could not keep the deadline for filing or evidence submission, has a right to file a claim for return of unjust enrichment against the other creditor who received share of distribution without a justifiable title. There recently was a decision from the Supreme Court regarding the issue (Supreme Court en banc Decision 2014Da206983 Decided July 18, 2019), establishing that in a case where a creditor entitled to a right to distribution did not receive his/her share of distributions, and instead other creditors received the said share of distributions, the creditor who could have received distributions may file a claim for return of unjust enrichment against other creditors who instead received distributions, irrespective of whether the said creditor raised an objection to the distribution or whether the distribution schedule was fixed. As a follow-up on the Supreme Court decision, this article deals with the controversy over ‘whether to allow creditors who haven’t raised an objection beforehand to file a claim for return of unjust enrichment’, since different opinions still exist over the subject matter.

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