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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendants added the judgment of the court of first instance as to the matters asserted again in the court of first instance pursuant to the main text of Article 420 of the Civil Procedure Act.
In addition, the defendants' assertion on the part of the judgment was not in a situation where the defendant's assertion A did not know the F's debt excess status, loan interest, overdue interest, etc.
The instant lease agreement was merely a bona fide beneficiary who was unaware of the fact that it was a fraudulent act.
Since the right of priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act grants a kind of statutory collateral that can be repaid in preference to claims secured by mortgages and taxes on leased houses, the debtor's act of setting the right of lease under the above Article on the only house owned by the debtor in excess of debt is 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 is subject to revocation of fraudulent act.
On the other hand, the obligor's bad faith is presumed, and the lessee's bad faith is also presumed. However, in light of the legislative intent that allows a lessee meeting the requirements prescribed in the above Article to recover small amount of deposit in preference to prior security holders, etc., a person who acquires a right of lease prescribed in the above Article of the above Act shall have a considerable trust in collecting the deposit. Therefore, it shall be less care than ordinary transaction when determining whether the lease contract is a fraudulent act, including whether the lessee's debt exceeds the obligation of the lessor, and the amount of the deposit shall be paid.