1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following “the second order”, and thus, it is acceptable in accordance with the main sentence of Article 420

2. The dismissal of the judgment of the court of first instance in the same part refers to "G" in the second, 8 and 9 of the judgment of the court of first instance as "D."

At the third bottom of the judgment of the first instance, the parallel 4 to 6th parallel 9 are as follows.

3. Determination as to the cause of action

A. The opposing power stipulated in Article 3(1) of the Housing Lease Protection Act can be acknowledged not only in a case where the lessee occupies the house in question and directly occupies it, but also in a case where the lessee occupies it by means of other person's possession. However, since the tenant who does not actually reside in the house in question is not the "person who has an address or residence in the house in question" (Article 6(1) of the Resident Registration Act), the tenant's resident registration cannot be deemed a legitimate resident registration under the Resident Registration Act, and therefore, the tenant's resident registration cannot be deemed as a legitimate resident registration under the Resident Registration Act. Therefore, the tenant's own resident registration cannot be deemed as a only indirect occupant legally satisfied the requirements for opposing power, and only in a case where the direct occupant who actually resides in the house in question completes his own resident registration in accordance with the tenant's possession and intermediary relationship

B. (See Supreme Court Decision 2000Da55645 delivered on January 19, 2001).

Judgment

However, even according to the defendant's assertion, the defendant did not own the loan of this case directly, and from August 2018, the defendant occupied the loan of this case indirectly by having H from the point of view of the plaintiff from August 2018, and according to the above legal principles, H, the lessee, should complete his resident registration in order to acquire the opposing power against the third party.