[건물명도][공1999.7.1.(85),1269]
The meaning of "the next day" when the opposing power under the provisions of Article 3 of the Housing Lease Protection Act occurs (=the next morning);
When a lessee under Article 3 of the Housing Lease Protection Act completes the delivery and resident registration of a house, the "the date following the date when the house is transferred" takes effect for the third party.
Article 3 of the Housing Lease Protection Act
Plaintiff (Law Firm Han-gu, Attorneys Park Sung-min et al., Counsel for the plaintiff-appellant)
Defendant
Seoul District Court Decision 98Na45521 delivered on January 14, 1999
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
When a lessee under Article 3 of the Housing Lease Protection Act completes the delivery and resident registration of a house, the "the date following the date when the house is transferred" takes effect for the third party.
According to the facts duly established by the court below, since the non-party who selected the defendant leased the real estate of this case in 51,00,000 won on August 16, 1996 and completed the moving-in report on the resident registration on August 27, 1996, pursuant to the above legal principles, the non-party who was appointed by the defendant was entitled to oppose from August 28, 1996 to August 28, 1996, in accordance with the above legal principles, it can oppose against the plaintiff who was the deceased on the basis of the mortgage of this case, and there is no ground to dispute this.
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jae-soo (Presiding Justice)