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(영문) 서울고등법원 2015.09.22 2014누67804
주민등록전입신고수리불가처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Grounds for the court's explanation concerning this case is based on the reasoning of the judgment of the court of first instance 2.

C. The determination is based on Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except where “judgment” is used as follows.

2. The following facts are recognized if the respective descriptions in Gap evidence Nos. 6, 8, 11, 13 through 15, 17, and 18 (including the number; hereinafter the same shall apply) and the respective images and arguments in Gap evidence Nos. 7 and 12 are added to the whole purport of the pleadings:

① The instant place of residence (No. 11) is divided into 10 and the entrance and exit are separated, and separate electricity and water rates are imposed on the instant place of residence (No. 11). The electricity charges of approximately KRW 20,000 through KRW 40,00 have been imposed in the Plaintiff’s name for a considerable period prior to and after the date of the instant disposition. From July 2012, in the name of the Plaintiff, the Internet, TV ( QOK TV) and the telephone have been installed or opened to the present place of residence.

② Following the instant disposition, according to the details of the use of transportation cards under the Plaintiff’s name from April 1, 2014 to December 31, 2014, the instant disposition: (a) there are a lot of records using or getting off from the I announcement; and (b) H bus’s I announcement is C village.

③ At present, F and G, a neighboring resident of the instant residence, had prepared a written confirmation that the Plaintiff had resided in the instant residence.

④ Although the C Village Management Register is written as J residing in the instant residential area, it was prepared based on the fact-finding survey conducted in 2009, approximately four years prior to the date of the instant disposition.

Examining the above facts in light of the legal principles as seen earlier, although it is unclear at any time whether the Plaintiff had resided in the instant residence, it is reasonable to deem that the move-in report was made for the purpose of residing in the instant residence for at least 30 days.

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