2023년 채권법 중요판례평석 = Analysis of the Supreme Court Cases in 2023 : The Law of Obligations

다국어 초록 (Multilingual Abstract)

This paper is about the major decisions rendered by the Korean Supreme Court in 2023 including issues of the Law of Obligations. Seven major Supreme Court decisions deal with the impact of an assignment order against one joint creditor on other co-creditors, the actions and scope of restoration according to the fraudulent act cancellation concerning real estate with a mortgage, the liability of a hotel guest for damages due to an unidentified fire in the hotel room, the assignee’s preferential right of satisfaction in real estate auctions in the case of assigning the right to the return of a security deposits of a resilient residential tenant, the criteria and methods for calculations between a two-member association under Korean Civil Law and a withdrawing member when one member withdraws, and the obligation to return unjust enrichment of the creditor who receives dividends in a void real estate auction procedure.
The overall order followed the compilation of the Civil Code, and for each judgment, the facts, the progress of the lawsuit, and the summary of the Supreme Court judgment were introduced, and the author's commentary was added at the end.