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(영문) 대법원 2010. 07. 29. 선고 2010두7840 판결

대체주택 취득과정에서 부득이 3주택이 된 경우 중과세 대상으로 볼 수 없음[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu1189 (2010.04.08)

Case Number of the previous trial

Examination Transfer 2008-0021 (Law No. 29, 2008)

Title

In the process of acquiring a substitute house, it shall not be subject to heavy taxation if it has become three houses inevitably.

Summary

It is reasonable to apply the heavy taxation rate of two houses for one household because it is inevitable to consider that the heavy taxation rate of two houses for one household is to absorb gains from speculation as taxes and block speculation in advance, and that the balance date is inevitably adjusted in the process of acquiring a substitute house.

The decision

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

Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

Although all of the records of this case and the judgment of the court below and the grounds of appeal were examined, the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided as