배당이의
1. Each appeal by the Defendants is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, in addition to the use of the parts of the judgment stated between the fourth and fourth 19 of the judgment of the court of first instance, since it is the same as the entry of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In light of the legislative purpose of the Housing Lease Protection Act and the purport of the system for protecting small tenants, even if the creditor had concluded a lease contract with the debtor on the housing owned by the debtor and resided therein, if the principal purpose of the lease contract is not to use the housing or profit therefrom, but to recover the claim preferentially against the mortgagee, such tenant cannot be protected as a lessee of small amount under the Housing Lease Protection Act (see, e.g., Supreme Court Decision 2007Da23203, May 15, 2008). The following circumstances are revealed by taking full account of the following: (i) the value of the lease contract is KRW 60,000,000,000,000, KRW 300,000,000,000,000, KRW 300,000,000,000,000,000 won, which is more than the above appraised value (=60,000,000,000 won).