Supreme Court en banc Decision 2018Da205209 Decided August 25, 2022 【Unjust Enrichment】

【Main Issue and Holding】
In a case where a security interest foreclosure sale commenced based on a floating sum mortgage which has already been extinguished and the property was sold accordingly, whether the sale becomes legally binding (not binding), and whether Article 267 of the Civil Execution Act applies only when a foreclosure auction proceeded and the property was sold accordingly notwithstanding that a mortgage lien was extinguished subsequent to the issuance of a ruling for the commencement of a foreclosure sale (affirmative)