회생절차 중인 수익자에 대한 가액배상청구권의 법적 지위 - 대법원 2019. 4. 11. 선고 2018다203715 판결 -

The Supreme Court’s decision is on the case that the creditor filed a lawsuit for revocation of fraudulent act and the monetary compensation claim against the beneficiary's receiver. In this case, the Supreme Court judged that the monetary compensation claim is the priority claims under Article 179(1)6 of the Debtor Rehabilitation And Bankruptcy Act. If a creditor cancels a fraudulent act against the beneficiary by way of lawsuit, the acquisition of the assets by the beneficiary is nullified between the creditor and the beneficiary and the assets should be transferred to the debtor for the payment of the debtor’s liability. For reasons above, the creditor’s claim of the asset transfer against the beneficiary under the rehabilitation proceeding should be treated as the repossession rights under the Debtor Rehabilitation And Bankruptcy Act, and in accordance with this legal principles, the monetary compensation claim should be treated as the priority claims not to be affected by the rehabilitation proceeding. Also, it meets the requirements of unjust enrichment under civil law, and the claim to return the unjust enrichment occurs only when the cancellation of the fraudulent act is finally decided, so the monetary compensation claim is ‘the claims against the debtor for unjust enrichment occurring after the rehabilitation procedures commencement’. Therefore, the Court’s judgment is reasonable in both legal and fairness aspects.