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| TITLE | [Performance of Claim Transfer Procedures]Supreme Court Decision 2005Da6297 Delivered on May 29, 2008 [full Text] |
|---|---|
| Summary | |
| [1] The method for distinguishing between a general sales contract and a consignment sales contract by a commission agent [2] Whether a principal can exercise the right of the object of repossession (the right of the substitute of repossession) against claims that a commission agent who is declared bankrupt acquired as consideration for sales as a commission agent (affirmative) [3] In a case where a foreign government compulsorily collects compulsory claims, which are the objects of the right of repossession owned by a principal, on the basis of its right to collect taxes and then applies them to taxes, the legal nature of the claim for the return of unjust enrichment equivalent to tax amounts that the principal would acquire against a bankrupt estate (=estate claim) [4] Whether the dividends which are obtained under a bankruptcy claim where an estate claim was reported as a bankruptcy claim can be used for the repayment of the estate claim (affirmative) | |
