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(영문) 대법원 2016.10.13 2014다218030

건물인도 등 청구의 소

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the judgment below, the court below acknowledged the following facts: (a) on June 12, 2007, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) who is a Korean national residing abroad who has acquired the permanent residence of Canada leased the instant apartment from C on the lease deposit amount of KRW 330 million,000,000, and obtained a fixed date on the lease agreement on July 4, 2007; (b) on July 4, 2007, the Defendant received the instant apartment and reported the transfer of the residence to his residence; (c) on July 19, 2007, the Defendant’s wife D and E were residing in the instant apartment; (d) on July 19, 207, the Defendant’s Korean national residing in the Republic of Korea, who has acquired the Canadian nationality, reported the transfer of ownership with the Defendant; and (d) on the purchase price of the instant apartment, the Plaintiff (Plaintiff, hereinafter “Plaintiff”) paid the sale price of the instant apartment to the Seoul Central District Court.

Furthermore, the lower court determined that the Defendant failed to obtain opposing power under the Housing Lease Protection Act, on the grounds that the domestic domicile report of a foreign nationality Korean does not have a publication function such as resident registration in the domestic domicile report of a foreign nationality Korean, and the domestic domicile report of a foreign nationality Korean residing in a foreign nationality Korean who is a lessee cannot be deemed as a resident registration, which is the requirement for opposing power

2. However, we cannot accept the above judgment of the court below as it is.

1. First of all, a report on domestic domicile or change of residence of a foreign nationality Korean is a resident registration prescribed by the Housing Lease Protection Act for the following reasons: