(심리불속행) 양도 당시 토지등소유자가 사업시행인가를 받은 경우에만 과세특례규정 적용됨[국승]
Seoul High Court 2009Nu35049 (Law No. 19, 2011)
National High Court Decision 2007west4537 (Law No. 8.14, 2008)
(Reorder of Hearing) The provision of special taxation shall apply only when the owners of land, etc. have received project authorization at the time of transfer.
(C) The provisions of special taxation can only be applied to the urban environment rearrangement project implemented by the owners of land, etc. only when real estate has been transferred to the owners of land, etc. who have received project implementation authorization at the time of transfer.
2011Du19420 Revocation of disposition rejecting capital gains tax rectification
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Head of Geumcheon Tax Office
Seoul High Court Decision 2009Nu35049 Decided July 19, 201
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Although examining all of the records of this case, the judgment of the court below and the grounds of appeal, it is clear that the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition
Reference materials.
If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,