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| TITLE | Supreme Court Decision 2012Da19659 Decided April 28, 2016【Return of Unjust Enrichment】 [full Text] |
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| Summary | |
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[1] In cases where: (a) the secured party to collected goods, by means of a possession agreement, takes possession of the collected goods existing at the time of entering into the security agreement; and (b) the debtor later brings in individual items constituting the collected goods, whether the effectiveness of the security interest reaches those items so brought in (affirmative); and in cases where a third party owns the items so brought in, whether the effectiveness of the security interest reaches the said items (negative) [2] Meaning of “may claim for compensation on grounds of the statutory provisions on unjust enrichment” under Article 261 of the Civil Act [3] In cases where other goods are annexed to the principal goods as collateral, thereby causing injury to the holder of rights in the accessions by depriving him/her of said rights, the party against whom to claim for compensation under Article 261 of the Civil Act (i.e., the debtor) |
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