Seoul High Court 2009Nu15595 (2010.02.10)

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.

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