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(영문) 대법원 2010. 06. 24. 선고 2010두5639 판결

1세대1주택 거주요건이 거주이전의 자유를 침해하였는지 여부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu15595 (2010.02.10)

Case Number of the previous trial

Cho High Court Decision 2008west0737 (No. 13, 2008)

Title

Whether the requirements of one house for one household violate the freedom of residence;

Summary

In order to prevent the possession of a house for speculative purposes, if the owner of one house for one household has a defect in the prescribed period of possession and residence, capital gains tax was exempted, so it cannot be deemed that the owner violated his freedom of residence by freely transferring his/her house only when he/she assumes the burden of transfer.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating