2024년 채권법 중요판례평석

This paper introduces four Supreme Court rulings from 2024 that address issues in contract law. While these rulings provide judgments on fundamental institutions and principles of contract law, the author finds it difficult to agree with their conclusions and reasoning. The four major Supreme Court decisions deal with the following issues: whether a creditor in an actio Pauliana case can claim compensation in lieu under Article 395 of the Civil Code against the beneficiary for delay in the restitution of the original property (2019Da238640); whether an agreement to deduct in advance the entrusted surety’s right to prior reimbursement from installment payments prior to the cancellation of a sales contract, or to recognize the surety’s right to reimbursement as an automatic set-off, can be acknowledged (2024Da227699); whether the rights of a third-party acquirer who subrogated by performance and repaid the entire principal debt exceeding the value of the collateral property provided by a real estate guarantor are limited, under § 482 ② of the Civil Code, to the proportional value of the collateral property (2023Da266420); and in cases where a pledgee exercises a direct claim right and receives distributions in a real estate auction process, and the distribution is later found to be incorrect, whether the obligation to return unjust enrichment lies with the pledgor or the pledgee (2023Da315155).