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(영문) 서울고등법원 2014.06.27 2014누40700
주민등록전입신고수리불가처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The key issue of the instant case and the key issue of the instant case are whether the Plaintiff had a purpose of residing in the instant land transfer for at least 30 days on May 7, 2013, the point at which the instant disposition was rendered.

As to this, the first instance court: “A evidence No. 3, A No. 4-1 through 5, and B’s each statement and video No. 5 included the overall purpose of pleading; i.e., the F Village Management Register does not provide an independent number of houses in the instant residence according to the F Village Management Register, but it is difficult to view that the said Management Register was based on the fact-finding survey conducted in about four years prior to the date of the instant disposition, and it is difficult to accurately reflect the current status of the F Village’s residence; ② A public officials affiliated with the Defendant visit the instant housing and the place of residence from January 15, 2013 to the 17th day of the same month to visit the site and investigate the instant housing and the instant housing were divided into three partitions, bathing rooms, two wards, and one bath room, and the residence consisting of two partitions, and one bath room is separated from the bathing room used by E, and the bathing room appears to be jointly used.

(3) In full view of the facts that the Plaintiff and his family members appear to independently live in the instant place of residence for a considerable period as separate households from E, and (4) there is no independent number of houses or there is no other intent for interest other than the purpose of residence, etc., it is reasonable to deem that the instant move-in report was made with the intention of the Plaintiff to reside in the instant place of residence as a basis for living for 30 days or more from the instant place of residence, and therefore, the Defendant is obligated to accept the instant move-in report in accordance with the relevant provisions of the Resident Registration Act.

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