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(영문) 서울고등법원 2017.11.24 2016나2070087
건물인도 등 청구의 소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the following parts written by the court of first instance. Thus, it shall be accepted by the main sentence of Article 420 of the Civil Procedure Act.

【The part written by the court of first instance (hereinafter referred to as the “Act on the Immigration and Legal Status of Overseas Koreans”) between 5 and 6 of the judgment of the court of first instance (hereinafter referred to as the “Act on Overseas Koreans”), the Act on the Immigration and Legal Status of Overseas Koreans (amended by Act No. 8896, Mar. 14, 2008; hereinafter referred to as the “Act on Overseas Koreans”) shall be applied to the Act on the Immigration and Legal Status of Overseas Koreans.

The portion of “the domestic domicile report of the Defendant’s family, a foreign nationality Korean,” between the first and tenth acts of the first to tenth acts in the judgment of the first instance court, shall be as follows: (i) the domestic domicile report or the domestic domicile transfer report of a foreign nationality Korean shall have the same legal effect as that of the resident registration prescribed by the Housing Lease Protection Act for the following reasons.

A) If a foreigner stays in the Republic of Korea more than 90 days from his entry, the foreigner shall make a foreigner registration, such as his domestic stay place, within 90 days from his entry into the Republic of Korea (Articles 31(1) and 32 subparag. 4); if his stay place is changed, the foreigner shall report the change within 14 days from his entry into the Republic of Korea (Article 36(1)); and if the foreigner registration and the change of his stay place is changed, the foreigner registration and the moving-in report shall be substituted by the resident registration and the moving-in report (Article 88-2(2). In addition, the Overseas Koreans Act means the person who is residing in a foreign country for the purpose of acquiring the right of permanent residence or permanent residence of the Republic of Korea, and the foreign nationality Korean means a person who has been

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