배당이의의 소와 부당이득반환청구의 소

In the enforcement process for a real estate, the court will foreclose the real estate and will reimburse the conversed amount to the creditors. For the court in order to conduct the dividends, the court must display dividend allocation chart, so that the creditors and debtors can see the chart. The payment will be done according to the dividend allocation chart, if there is no objection by a creditor or debtor. However, the existence of creditors is not confirmed by the conformation and implementation of the dividend allocation chart, if there is substantial unfairness on the dividend allocation chart. In this circumstance, the creditor can request for a return of unfair profits to other creditors, who received their dividends, although she or he may not object on the day of receiving the dividend or she or he may not appear on the day of receiving the dividend. However, if the fair dividend allocation was not requested, they will not get the dividend from the sale proceeds, although they actually have the prior repayment right. Therefore, if the dividend allocation chart has been written and created and eliminated those from the allocation, because the allocation requesting creditor does not request a fair dividend allocation, then the creditor cannot ask a return of unfair profits with actual legal right after the allocation process is finished. In addition, even in the judgments of the dividends objection, the res judicata will affect the existence and inexistence of dividend allocation right on the judgments and asking return of unfair profits will be valid to be excluded, according to the res judicata of dividend objection decision.