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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning for this part of the judgment of the court of first instance is the same as that for the judgment of the court of first instance, with the exception of the following parts, and thus, this part is cited in accordance with the text of Article 420 of the Civil Procedure Act.
2. From No. 5 of the judgment of the first instance court, “Insufficient” up to No. 21 to No. 6 of the No. 5 of the judgment of the court of first instance, even if the Defendant paid a part of the lease deposit by paying KRW 70,00,00 from No. 5 to No. 6 of the judgment of the court of first instance, is K. A person who finally deposited a cashier’s check ( check number J) equivalent to the face value that the Defendant paid to B in the purchase deposit, and the above K appears to have no particular relation with M that he concluded a sales contract for the purchase of a house owned by lessee E or E and L, and ⑤ even if the Defendant alleged, as argued by the Defendant, entered into the sales contract of this case in order to refund the lease deposit, even if the Defendant paid the lease deposit amount of KRW 70,00,000, which was paid by the Defendant to E without delay, it cannot be deemed that the contract of this case would cause or deepen joint security of other general creditors at the time of the sales contract.”
No. 6. 7. The 6.m. “D.” is considered to be “D.”
The issue of whether the beneficiary acted in good faith shall be determined reasonably in light of logical and empirical rules, comprehensively taking into account various circumstances, such as the relationship between the debtor and the beneficiary, the details of and the background or motive for the act of disposal between the debtor and the beneficiary, the circumstances leading to the act of disposal, whether there are no special circumstances to doubt that the transaction terms of the act of disposal are normal and reasonable, and whether there are objective materials to support the act of disposal, and the circumstances after the act of disposal.