1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

The court's explanation on this part is the same as the part of the basic facts of the judgment of the court of first instance, and therefore, this part is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

The court's explanation on this part of the facts of recognition of the claim is consistent with the part of "A.A. Facts of recognition" among "A. A." among "a. judgment on Defendant C," No. 418 of the judgment of the court of first instance, and this part of the judgment is accepted as it is in accordance with the main text of Article 420 of the Civil Procedure Act. The reason why this court's explanation on this part of the judgment on the claim for correction of the distribution schedule (the main claim) due to the most lessee is the reason why this court's explanation is

Since the part of the "decision on the claim for the decision of the distribution schedule (the main claim) by the reason that the tenant is the most lessee is the same as the part of the "decision on the distribution schedule", it shall be quoted as it is in accordance with

Comprehensively taking account of the facts acknowledged before the existence of the preserved claim for the correction of the distribution schedule due to the revocation of fraudulent act and restitution of the original state, the Plaintiff held against D the claim for the refund of the lease deposit equivalent to KRW 60,000,000 at the time when the Defendant entered into the instant lease agreement, and thus, the above claim for the refund of the lease deposit becomes the preserved claim for the revocation of the fraudulent act.

Since the right of priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act provides a kind of statutory security right that can be repaid in preference to claims secured by mortgages and taxes on leased houses, the act of the debtor setting up the right of lease under the above Article on the only house owned by the debtor in excess of the debt is an act that causes a decrease in the debtor's whole property as a security in excess of the debt, and therefore the act of establishing the right of lease is subject to revocation of the fraudulent act.