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(영문) 서울동부지방법원 2011.12.23 2011노1594
주민등록법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as an employee of the D Company (hereinafter “D Company”), intended to obtain a certified copy of the deceased F, the father of J, the real estate owner, in order to take measures for the subrogation registration and provisional seizure of inherited real estate in order to preserve the claim against J, the debtor of the said Company. ① An application for perusal or issuance of the certified copy of resident registration record cards is not directly prepared by the Defendant. ② An application for perusal or delivery of the certified copy of resident registration record cards is not directly prepared by the Defendant; ② an entry of F’s name in the certificate of interest and an amount of debt are written by mistake in the manner of interested parties as the deceased was put by the J.

B. In addition, under Article 29 subparagraph 6 of the Resident Registration Act, a person who has a legitimate interest, such as physical rights and debts, may apply for issuance of a certified copy or abstract of resident registration. For the registration of subrogation by inheritance, the deceasedF’s certified copy or abstract of resident registration is indispensable, and the Defendant, an employee of the collecting company, can obtain an abstract by proving that the deceasedF is an interested party. Thus, such application is legally permissible and does not constitute a violation of the Resident Registration

2. According to the records, the Defendant, a person in charge of claims collection business with J, has carried out all procedures for subrogated registration of real estate owned by the deceased F, and the Defendant, as a clerical assistant, is not limited to the act of submitting an application for issuance prepared by the company to Mapo-gu E office, but is recognized as having been involved in the above duties from the time of preparing an application for issuance of a certified copy of resident registration, and thus, the Defendant’s defense against the Defendant

In addition, the defendant is also the procedure for registering subrogation on the real estate owned by the deceased in an investigative agency, and the court clearly states the above reasons.

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