Seoul High Court 2009Nu13919 ( October 27, 2010)

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

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

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 contents of the decision shall be the same as attached.

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

In comparison with the records of this case and the judgment of the court below, the allegation in the grounds of appeal by appellant is not accepted in accordance with Article 4 of the Act on Special Cases Concerning the Procedure for Appeal.

Therefore, the appeal is dismissed in accordance with Article 5 of the Act. It is so decided as per Disposition by the assent of all participating Justices.