Judgment on the move-in date deemed an opposing resident registration date under the Housing Lease Protection Act;

As of July 1, 1994, the enforcement date of the Resident Registration Act (Act No. 4608 of Dec. 27, 1993) amended by the administrative agency conducting resident registration, "the day following the date of the transfer report to the transfer date column, and the date of the move-in report to the change date column," respectively, and thereafter, "the date of the move-in report to the transfer date column and the date of the adjustment of the resident registration card (the date of the transfer of electronic data from the moving-in date column)" are stated in each of the "the move-in report as of the transfer date column, and the date of the move-in report to the change date column (the date of the transfer of electronic data from the moving-in date column)" as of July 1, 1994.

Article 3 of the Housing Lease Protection Act and Article 14 of the Resident Registration Act

Freeboard State

Freeboard

1. Of the distribution schedule prepared by the above court on August 31, 1994, the amount of dividends to the plaintiff 1,63,490 won, 17,130,750 won, and the amount of dividends to the defendant 5,467,260 won shall be changed to 0 won, among the distribution schedule prepared by the above court on August 31, 1994.

2. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. The following facts may be acknowledged in light of the whole purport of the pleading in the statements Nos. 1 and 4, and Nos. 6-1 and 6-2, and there are no objections.

(1) With respect to the real estate listed in the [Attachment List, which was owned by the non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's

(2) On the date of distribution on August 31, 31 of the same year, the above court prepared a distribution schedule with the content that each of the parties to the right to collateral security (right to collateral security (right to collateral security (right to the remainder after deducting KRW 1,905,260 from the proceeds of sale) or the actual amount to be distributed at KRW 63,194,740, 194, and 18,404, 320, which is the remainder, shall be distributed as follows:

[Attachment 5] 1,273,570 Won 1,273,570

Sub-mortgage 5,467,260 won to the defendant, who is a mortgagee, in the fifth order;

[1], 663, 490 won to the Plaintiff, a lessee, in the fifth order.

2. A. The Plaintiff asserts that the above amount distributed to the Defendant should be distributed in total to KRW 32,00,000,000, which is the Plaintiff’s claim for the return of deposit on deposit basis, as the lessee who had the requisites for counterclaim and the fixed date indicated in the lease agreement document prior to the registration date for the creation of collateral security by the Defendant.

B. The following facts can be acknowledged in full view of the statement of evidence Nos. 1 and 2, and evidence Nos. 3-1, 2, 4, and 5, and the fact-finding on the head of Songpa-gu Seoul Gain 1, and the whole purport of the oral argument as a result of fact-finding on the head of Songpa-gu Seoul Gain 1, and no counter-

(1) On March 5, 1993, the non-party Kim Jong-Un completed the provisional attachment registration that made the claim amounting to KRW 6,000,000 on the apartment of this case as the preserved right.

(2) On February 13, 1993, the Plaintiff entered into a lease contract with the former lease deposit amount of KRW 32,00,00, and the lease term of the instant apartment between March 14, 1993 and March 14, 1993 by dividing the former lease deposit into the above-mentioned apartment on the same day and paid it to the above-mentioned Class-day, and completed all move-in and move-in, and obtained a fixed date at the lease contract with the Seoul Special Metropolitan City Residents' District Court Gangseo-dong Branch Office on the same day (the Defendant stated the above move-in report on the change of KRW 32,00,00,00, and the lease term from March 14, 1993; the Plaintiff stated the above move-in report on the change of KRW 93,00,00,00,000; the date of move-in report on the change of KRW 9,000,000,000,000,000.).

(3) The Defendant completed the establishment registration of a mortgage over KRW 15,00,000 on the same day according to the contract establishing the right to collateral security on March 19, 193 regarding the apartment of this case.

C. According to the above facts, the plaintiff completed the moving-in report on March 18, 1993 after receiving the first transfer of the apartment of this case, and obtained the same fixed date on the same day. Barring special circumstances, the plaintiff has the right to be reimbursed from the proceeds of realizing the apartment of this case prior to the defendant who completed the registration of creation of a neighboring mortgage on March 19, 199, the following day. Thus, the plaintiff can receive dividends from the above amount distributed proportionally to the defendant until his claim amount is satisfied.

3. Conclusion

Therefore, the part of the above distribution schedule against the plaintiff and the defendant is unfair on the premise that the plaintiff is in the same order with the defendant and does not take precedence over the plaintiff. Thus, 11,63, 490 won of the dividend amount against the plaintiff in the above distribution schedule shall be 17,130,750 won, and 5, 467,260 won of the dividend amount against the defendant shall be changed to 0 won, respectively.

Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.

Judges Han Chang-ho