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(영문) 서울고등법원 2013. 03. 14. 선고 2012누28072 판결

리모델링 공사비용을 추가로 지출하였음을 인정할 증거가 없음[국승]

Case Number of the immediately preceding lawsuit

Incheon District Court 2012Guhap946 ( August 17, 2012)

Case Number of the previous trial

early 201J 3551 ( December 01, 201)

Title

There is no evidence to prove that the remodeling costs have been additionally paid.

Summary

In light of the fact that it is difficult to recognize necessary expenses as necessary expenses in light of the fact that it is difficult to report the necessary expenses at the time of reporting the transfer income tax on the remodeling construction expenses additionally claimed to have been paid, that there is no registered business operator in the relevant business type, and there is no specific construction details or schedule, nor the financial data on

Cases

2012Nu28072 Revocation of disposition of imposing capital gains tax

Plaintiff and appellant

LAA

Defendant, Appellant

the director of the tax office of Western

Judgment of the first instance court

Incheon District Court Decision 2012Guhap946 Decided August 17, 2012

Conclusion of Pleadings

February 21, 2013

Imposition of Judgment

March 14, 2013

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's disposition of imposition of capital gains tax of KRW 000 on July 19, 201 against the plaintiff on July 19, 201 shall be revoked.

Reasons

1. The reasons for the judgment of the court of first instance are reasonable, and thus, are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. (However, the High Court Decision No. 11 dated 2011, No. 411, Dec. 2001

2. The plaintiff asserts that "B" 00 won was 1 to 5B, and that the plaintiff was 1 to 00 won for the first time, and that the plaintiff was 1 to 200 won for the construction cost for the remodeling project, and that the plaintiff was 1 to 30 won for the first time, and that the construction cost for the remodeling project was 1 to 30 won for the first time, and that the plaintiff was 1 to 30 won for the first time, and that there was no evidence that the construction cost for the remodeling project was 1 to 9 won for the first time, and that there was no evidence that the construction cost was 1 to 30 won for the first time, and that there was no evidence that the construction cost was 1 to 30 won for the first time, and that there was no evidence that the construction cost was 1 to 9 won for the first time, and that there was no evidence that the plaintiff had been 1 to 9 won for the first time, and that the construction cost was 9 won for the second time.