Whether or not the resident registration of spouse or children is included in the resident registration under Article 3 (1) of the Housing Lease Protection Act;

The requirements for setting up a resident registration under Article 3 (1) of the Housing Lease Protection Act shall include not only the tenant himself/herself but also his/her spouse or child and other family members.

Article 3 (1) of the Housing Lease Protection Act

Supreme Court Decision 87Meu14 Decided October 26, 1987

Plaintiff (Counterclaim Defendant)

Defendant (Counterclaim Plaintiff)

Seoul High Court Decision 87Na2079, 2080 decided Nov. 9, 1987

The appeal is dismissed.

The costs of appeal shall be assessed against the plaintiff (Counterclaim defendant).

We examine the grounds of appeal.

According to the reasoning of the judgment below, in full view of the evidence adopted by the court below, the court below acknowledged that the defendant (the non-party 3 and the non-party 4 and the non-party 5, who are the defendant's wife, are the head of the household, and completed the move-in report at the seat of the building of this case as of December 17, 1981, and completed the move-in report at the seat of the building of this case as of October 12, 1982, the non-party 1 and the non-party 1 among the building of this case, the lease deposit amount for the part occupied by the defendant is KRW 6,00,000,000, and without fixing the lease period, but the defendant's wife, children, and the family living together with the defendant's family living together with the defendant's wife and the non-party 1 who are the defendant's wife, were living together with the defendant's family living together with the defendant's new family living together with the defendant's new family living record.

Meanwhile, the requirements for setting up a resident registration under Article 3(1) of the Housing Lease Protection Act shall be deemed to include only the tenant himself/herself and his/her spouse or children as well as his/her family's resident registration (see Supreme Court Decision 87Meu14, Oct. 26, 1987). In the same view, the court below is just in holding that the defendant occupied the building of this case and the defendant's family member, who is the occupying assistant, acquired the opposing power of the right of lease through the completion of his/her resident registration. In so doing, the court below did not err by misapprehending the legal principles on the interpretation of the Housing Lease Protection Act

Ultimately, 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 Jin-hun (Presiding Justice)