The judgment of the court below is reversed, and the case is remanded to the District Court Panel Division.

The grounds of appeal are examined.

1. The right of priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act grants a kind of statutory security right that can be repaid in preference to claims secured by mortgages and taxes, etc. on the leased house. Therefore, the debtor's act of setting the right of lease under the above Act on the only house owned by the debtor in excess of debt constitutes an act of offering collateral in excess of debt, which causes the reduction of the debtor's whole property, and therefore, the act of establishing the right of lease

In addition, in a lawsuit seeking revocation of a fraudulent act, the beneficiary's bad faith is presumed if the legal act of the debtor against a third party constitutes an objective fraudulent act. Therefore, the beneficiary is liable to prove that the beneficiary was bona fide at the time of

(1) In light of the legislative intent that allows a lessee who meets the requirements prescribed in the foregoing Act to recover small amount of deposit in preference to the preceding secured party, etc., the person acquiring the right to lease under the foregoing Act is deemed to have a considerable trust in the recovery of his/her own deposit. Therefore, rather than ordinary transactions as to whether the lessor’s obligation exceeds the lessor’s obligation and whether the lease agreement becomes a fraudulent act, the presumption of the lessee’s bad faith as the beneficiary is not easily reversed. However, the amount of the deposit is appropriate, the amount of the deposit is reasonable, and multiple rights-restricted relations on the registry, and even if there were circumstances to suspect the lessor’s obligation excess situation on the registry, it is logical and empirical rule, comprehensively taking into account whether the lease agreement was concluded, and whether there was any special relationship with the lessor, such as the relationship between the lessor and the lessor.