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(영문) 대법원 2015. 10. 15. 선고 2015두46215 판결

이 사건 토지는 수용으로 인하여 사업시행자에게 자산이 양도된 후 다시 원고에게 이전되었으므로 원고의 환매일이 취득시기임[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu30243 (2015.06.03)

Title

Since the land in this case was transferred to the project implementer after the land was transferred due to expropriation, the redemption date of the plaintiff is the time of acquisition.

Summary

The plaintiff is to newly acquire the ownership of the land of this case by settling a redemption price after exercising a redemptive right against each land of this case.

Cases

2015Du46215 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

JA and 18

Defendant-Appellee

Head of Seocho Tax Office and 15

Judgment of the lower court

Seoul High Court Decision 2013Nu27328 Decided June 12, 2014

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the appellant's grounds of appeal are not included in the grounds provided for in each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, all appeals are dismissed pursuant to Article 5 of the same Act and the costs of appeal are borne by the losing party. It is so decided as per