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1. Of the lawsuit in this case, the lawsuit for cancellation of the registration of housing lease shall be dismissed;
2. The defendant's assertion against the plaintiff.
Reasons
1. Whether the lawsuit for cancellation of the registration of the right to lease of a house is lawful or not shall be examined as to the legal nature of the lawsuit.
The registration of the right to lease of a house shall be completed by entrusting the registration to the competent registry after deeming that the application is reasonable by the court according to the lessee’s application for the order of lease registration. In order to cancel the registration where the registration is completed on the date of the court’s order of lease registration, an application for objection or cancellation on the decision of the order of lease registration and a judgment to cancel the said decision from the court shall be made by submitting the certified copy of the written judgment to the executive agency for the cancellation
(See Article 3-3(3) of the Housing Lease Protection Act (see Article 3-3(3)). As long as special remedies are provided for the procedure of compulsory execution on cancellation of the housing lease registration, the Plaintiff may seek cancellation of the said registration by filing an objection or an application for cancellation of the decision on the order of lease registration of a house. Therefore, the lawsuit against the Defendant seeking cancellation of the
Therefore, this part of the lawsuit is dismissed.
2. Part concerning the action for objection;
(a)as shown in the reasons for the attachment of the claim;
(b) Applicable provisions of Acts: Article 208 (3) 1 of the Civil Procedure Act;