All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. Article 422 Subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that “when a bankruptcy creditor bears any obligation to the bankrupt estate after the declaration of bankruptcy,” the grounds for prohibition of offset.

The purpose of this is to allow a set-off of any obligation borne by any bankruptcy creditor after the declaration of bankruptcy is to allow the bankruptcy creditor to repay the amount preferentially to other bankruptcy creditors, and thereby to impair fairness among the bankruptcy creditors. Therefore, the purpose of this is to prohibit any set-off in order to prevent it from exercising any bankruptcy claim in accordance with the bankruptcy procedures.

Therefore, such legal doctrine is applicable to cases where a bankruptcy creditor deducts a bankruptcy claim from a debt borne by the bankruptcy creditor after the declaration of bankruptcy (see Supreme Court Decision 2011Da30963, Nov. 29, 2012), barring special circumstances, the bankruptcy creditor and the bankruptcy trustee agreed on the mutual aid.

Even if there are no other circumstances, it is reasonable to view the same.

Meanwhile, in cases where a housing lessee becomes bankrupt after he/she satisfies the requirements for counterclaim provided for in the provisions of Article 3 (1) of the Housing Lease Protection Act and obtains the fixed date indicated in a lease agreement certificate, the housing lessee has the right to be paid in preference to junior creditors and other creditors in the proceeds from the realization of the housing (including the site), which belongs to the bankrupt estate, with respect to the claims for return of lease deposit, which is a bankruptcy claim pursuant to the provisions of Article 415 (1) of the Debtor Rehabilitation Act. Within the scope of the right to preferential repayment

(see Supreme Court Decision 2014Da32014, Jan. 12, 2017). However, in light of the purport of Article 422 Subparag. 1 of the Debtor Rehabilitation Act, Article 492 Subparag. 14 of the Debtor Rehabilitation Act is stipulated.