배당이의
1. The defendant's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.
The reasons why the court should explain about this case are stated in the reasoning of the judgment of the court of first instance, except for the following parts: “2. Whether the defendant has an opposing power” between the first and fourth parts of the judgment of the court of first instance, and therefore, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[2] The part written by the court below] "2. The plaintiff's assertion that the defendant has opposing power does not receive the leased building of this case, as well as there are differences between 102 and D's resident registration address in the public record on the delivered building of this case and D's resident registration. Thus, the defendant is not entitled to opposing power under the Housing Lease Protection Act.
Therefore, the instant distribution schedule should be revised.
The defendant's assertion D knew that 102, the Indian building of this case, was delivered to the leased building of this case according to the direction of B, a lessor, and thereafter, the present door of the Indian building of this case was indicated as 101, and there was no other reason to report the domicile on the resident registration differently from the indication entered in the public record.
In addition, since the Plaintiff was aware that prior lessee of the instant multi-household housing had resided in the instant multi-household housing, it cannot be deemed that the Plaintiff suffered a larger loss than that initially anticipated by deeming the lessee to receive a lower distribution than that initially anticipated.
Therefore, the opposing power of the Housing Lease Protection Act should be recognized to the defendant.
Judgment
Article 3 (1) of the Housing Lease Protection Act provides as the requirements for opposing power along with the delivery of a house, and it shall be deemed that the public announcement method that enables a third party to clearly recognize the existence of the lease for the safety of transaction is established. Therefore, whether the public announcement of a lease is effective or not is made shall be the resident registration under the general social norms, and the lessee of the lease building concerned shall be the resident registration.