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(영문) 대법원 2016. 06. 28. 선고 2016두36352 판결

(심리불속행) 환매권행사에 따른 소유권취득은 당초 이 사건 토지의 양도와는 별개의 거래로 보아야 함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-5747 ( March 23, 2016)

Title

(B) The acquisition of ownership by the exercise of a redemptive right shall be deemed a transaction separate from the transfer of the original land of this case.

Summary

(Summary) It is reasonable to deem that acquisition of ownership following the exercise of a redemptive right is a transaction separate from the transfer of land in this case.

Related statutes

Article 88 of the Income Tax Act

Cases

2016du36352 Revocation of revocation of capital gains tax rectification

Plaintiff-Appellant

-Appellee

AAAAAAA subsidiary organization

Defendant-Appellee

-Appellant

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2015Nu55747 Decided March 23, 2016

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 in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of