1. On September 27, 2013, the Defendant, the key issue of which is a Korean national residing abroad, has leased and transferred a house in the Republic of Korea, and completed a report on the relocation of residence pursuant to Article 6 of the former Act on the Immigration and Legal Status of Overseas Koreans (amended by Act No. 12593, May 20, 2014; hereinafter “former Overseas Koreans Act”).

In such cases, the issue of this case is whether a report on domestic domicile or change of residence of a Korean national residing abroad can be seen as the same as a resident registration or move-in report prescribed by Article 3(1) of the Housing Lease Protection Act (hereinafter “Housing Lease Protection Act”).

First of all, after examining the resident registration and the domestic domicile report system of Korean nationals residing abroad, it is necessary to determine whether the report on domestic domicile or residence transfer of Korean nationals residing abroad can be seen as a requisite for counterclaim under the Housing Lease Act by applying Article 88-2 (2) of the Immigration Control Act mutatis mutandis.

2. Resident registration and domestic domicile reporting system for Korean nationals residing abroad;

A. Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter “overseas Koreans Act”) classify overseas Koreans into “Korean nationals residing abroad” and “foreign nationality Koreans.”

Korean nationals abroad are "Korean nationals of the Republic of Korea who have acquired permanent residence in a foreign country or have resided in a foreign country for the purpose of permanent residence (subparagraph 1), and foreign nationality Koreans are "persons prescribed by Presidential Decree from among those who have held the nationality of the Republic of Korea or have acquired the nationality of a foreign country

(No. 2). Meanwhile, the Immigration Control Act defines “foreigner” as “a person who has no nationality of the Republic of Korea”.

(Article 2(2). (b)

The resident registration system and the domestic residence report system of Korean nationals residing abroad have undergone the following changes:

(1) According to the main sentence of Article 6(1) of the former Resident Registration Act (amended by Act No. 4314, Jan. 14, 1991), a market is either a market or a market.