초록/요약

Judicial precedent stated that if the transfer of claim is canceled, the transferee must notify the debtor of the fact of the cancellation in order for the transferor to counter the debtor again because of the cancellation(Supreme Court 1993. 8. 27. 93da17379 decision). On the other hand, the Supreme Court has approved the application of Article 452 of the Civil Code by analogy in the case of cancellation of claims(Supreme Court 2012. 11. 29. 2011da17953 decision), and when the contract causing the transfer of the claims is canceled, the claim may be returned to the transferor(Supreme Court 2011. 3. 24. 2010da100711), and the doctrine when the transfer of the claim is canceled is also accepted when the contract for the establishment of a pledge right is canceled(Supreme Court 2014. 4. 10. 2013da76192 decision), etc. has made notable decisions on the legal issues of the cancellation of the transfer of credit. Papers to be analyzed are studies of the Supreme Court's decision on the legal implications of the transfer of claim. This article is created to commemorate the author's retirement and to clarify the special content and meaning of the above papers. The most important and special significance of the theses to be analyzed is that when the transfer of claims is canceled, only the application of the analogy of Article 452, Paragraph 1 is claimed. In the case of cancellation of the transfer of claims, there were many opinions that argued that Article 452 was applied by analogy. However, the thesis to be analyzed is the first and only that excludes Paragraph 2 and insists only on the application of the analogy of Paragraph 1. Due to the cancellation of the cause of the transfer of the claim, the transfer of the claim loses its effect retroactively. Credits transferred to the transferee is returned to the transferor. No other requirements are required, such as transferee notification or consent. In this case, the debtor who doesn't know about the cancellation can be protected by the application of the analogy of Article 452, paragraph 1. Requesting notification of the transferee limits the exercise of the rights of the transferor, who is the true right holder, baselessly.