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(영문) 대법원 2010. 04. 30. 선고 2010두559 판결

조합원 입주권을 보유 상태에서 주택을 양도한 경우 1세대1주택 비과세 여부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu14578 ( November 26, 2009)

Title

Whether one house for one household is exempted in cases where a house is transferred under a partner's right to move into;

Summary

Where one household transfers a house while holding an association member's relocation right acquired by the authorization of a management and disposal plan after January 1, 2006 in the status of possessing one house, the provisions concerning non-taxation of one house for one household shall not apply.

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

In accordance with Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal, since the petition of appeal filed by the Plaintiff did not state the grounds of appeal and the appellate brief was not filed within the statutory period, it is so decided as per Disposition by