Main Issues

In case where a person with a house purchases a site devolving upon the house for the purpose of an enterprise or business, or the prohibition of dual possession under Articles 11 and 12 of the Act on the Disposal of Property Belonging to the State.

Summary of Judgment

If a person who owns a house sells a site for the purpose of an enterprise or for the operation of a business, the prohibition of double possession shall not apply.

Plaintiff-Appellant

Limited Liability

Defendant-Appellee

The Director General of the Seoul Metropolitan Government

Intervenor joining the Defendant

Kim Han-ro et al.

Judgment of the lower court

Seoul High Court Decision 59Da130 delivered on July 27, 1960

Reasons

The provisions of Article 11 of the Act on the Disposal of Property Belonging to the same person and co-ownership of a house within 20 meters from the site of the house or the site to which one of the members of the same family has already purchased the house or the site of the house or the site of the house or the site to which such member belongs, shall not be allowed, and where one of the members of the same family has already purchased the house or the site of the house or the site to which he belongs to the same person and co-ownership, the member of his family shall not further purchase the house or the site of the house or the site to which he belongs, and, in purchasing the site, the concentration of the house or the site of the house to which he belongs to the same person and co-ownership of the house or the same family shall not exceed 0 marries, and the plaintiff shall not be allowed to acquire the house or the site of the house or the site of the building to which he had acquired the house or the house for which he had the capacity to occupy for the same person and it shall be interpreted that the two houses or the prohibition of double occupancy shall not be applied to the plaintiff's.