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(영문) 대법원 2016. 04. 07. 선고 2016두31159 판결

청구인이 주장하는 쟁점2주택 잔금청산일이 객관적인 증빙에 의하여 확인되지 아니하여 그 양도시기를 소유권이전등기접수일로 봄이 타당함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu5141 ( November 15, 2015)

Case Number of the previous trial

Early High Court Decision 2013J 3864 ( November 15, 2013)

Title

It is reasonable to see the time of transfer registration as the date of receipt of ownership transfer registration because the date of liquidation of the second house claimed by the claimant is not verified by objective evidence.

Summary

In full view of the fact that it is reasonable to view the transfer date as the date of receipt of ownership transfer registration because the balance settlement date of the second house claimed by the claimant is not verified by objective evidence, it is difficult to accept the claim.

Related statutes

Income Tax Act

Cases

Supreme Court Decision 2016Du31159 (O4.07)

Plaintiff-Appellant

fixed**

Defendant-Appellee

00. Head of tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu51141 Decided November 25, 2015

Imposition of Judgment

2016.04.07

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The petition of appeal does not contain any indication in the grounds of appeal and does not submit the grounds of appeal within the statutory period.

Therefore, Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, Article 429 of the Act on Special Cases Concerning the Procedure for

Article 5. It is so decided as per Disposition by the assent of all participating Justices on the bench.