The right of a lessee under the Housing Lease Protection Act;

The time when a lessee acquires opposing power against a third party under the Housing Lease Protection Act shall be deemed to be the next day after the lessee is ordered to order the house, on the condition that the lessee fails to comply with the moving-in report within the period prescribed by the Resident Registration Act. In this case, if it is not interpreted, it would result in unfair results that the lessee will be subject to disadvantage due to delay in administrative procedures.

Article 3 of the Housing Lease Protection Act, Article 14 (1), (2) and (5) of the Resident Registration Act

Gambling Notes

Maternation

Seoul District Court's Northern Branch (81Gahap947)

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

The judgment of the defendant and the declaration of provisional execution to the plaintiff that ordered the plaintiff to indicate the attached drawings (A), (b), and (c) of the real estate stated in the attached list to 6 square meters;

The same shall apply to the order.

According to Gap evidence No. 1, which does not dispute the establishment of the building, the fact that the registration of ownership transfer has been made in the name of the plaintiff as of June 22, 1981 with respect to the real estate (the building) recorded in the attached list as of June 20, 1981. Thus, the above building is presumed to be owned by the plaintiff. The fact that the defendant occupies the title of claim 6 square meters in the part of the building among the above building, does not conflict between the parties. On the ground of the ownership of the above building, when the plaintiff seeks the name of the defendant on the ground of illegal possession, the defendant has the defense that he acquires the opposing power under Article 3 of the Housing Lease Protection Act because he/she has the right of possession of the above building on the ground that he/she has lawfully leased it from the former owner.

According to the above evidence evidence No. 7-3 (resident registration card), No. 4-2 (Evidence of Contents), Eul evidence No. 1-3 (sales Lease Contract), and Eul evidence No. 2 (sales Lease Contract) which acknowledge the authenticity of its establishment by the testimony of the witness at the original trial, and the testimony of the above witness, the building recorded in the attached list shall be considered to be red, and the whole owner of the above house shall be considered to be 6 years old, and the above building shall be sold to the defendant on January 24, 1981, and the above building shall be sold to the defendant on February 14, 198, and the above building shall be transferred to the second 6 years old, to the second 6 years old, and the right to dispose of the above building and the right to lease shall be transferred to the defendant on the first 6 years old, and if so, to the above 10 years old, it shall be recognized that the above building was transferred to the defendant on the second 6th 19 years old, without the above purport of the transfer registration of ownership.

However, in Article 3 of the Housing Lease Protection Act, the Housing Lease Protection Act grants opposing power by stipulating that "if a lessee completes the delivery of a house and the resident registration, it shall take effect to a third party from the following day." Thus, if the lessee has acquired opposing power under the above Act, the third party who acquired the ownership of the above building thereafter succeeds to the status of the lessor as a matter of course. Therefore, in accordance with the related provisions of the Resident Registration Act and the Enforcement Decree of the same Act, the person who wants to leave the place of resident registration shall file an eviction report within 14 days with the relevant administrative agency and shall transfer the resident registration card by registered mail to the administrative agency of the new place of residence (see Article 14 (1), (2) and (5) of the Act) within 3 days after the date of receipt of the report, it is interpreted that the above move-in report was made within the prescribed period under the Housing Lease Protection Act, but if the moving-in report was delayed due to administrative procedures as prescribed under the above Act, it is not in conformity with the purpose of legislation of the Housing Lease Protection Act.

Therefore, in this case, the opposing power of the defendant as to the right of lease on June 22, 1981 is created from 00:00 on the day following the occupancy, and the above lease period is still in existence, as seen above, and therefore, the defendant has already occupied the real estate illegally, or the plaintiff's claim for the principal lawsuit on the premise that the plaintiff did not succeed to the status of the lessor in this case is groundless and dismissed. The judgment of the court below which differs from this conclusion is unfair and reasonable, and the defendant's appeal is dismissed, and the plaintiff's claim is dismissed, and the costs of lawsuit are assessed against the losing party and is so decided as per Disposition.

Judges Kim Jong-Un(Presiding Judge)