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| TITLE | Supreme Court Decision 2022Da230165 Decided September 7, 2022 【Delivery of Buildings】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] In a case where a tenant of public housing under the Special Act on Public Housing assigned his or her right to a claim for refund of security deposits exercisable against the public housing project operator to the tenant’s loan creditor and provided a written promise to deliver the leased house to either the loan creditor or a third party of the loan creditor’s designation in the event of loan delinquency, whether the creditor can stand in place of the tenant and exercise the tenant’s right to rescind a lease agreement of public housing by reason of loan delinquency (negative) [2] In a case where the debtor receives a discharge in an insolvency proceeding, whether the exercise of the obligee’s right of subrogation by designating a bankruptcy claim as a preserved claim is allowed (negative in principle) | |
