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(영문) 대법원 2018. 12. 27. 선고 2018두56770 판결

(심리불속행) 유사배당소득 또는 양도소득 해당여부[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2018Nu41152 ( August 23, 2018)

Title

(C) whether it falls under similar dividend income or capital gains.

Summary

(Summary of the Supreme Court) Where a partnership is dissolved and a partnership is terminated, and a part of the partnership's property is transferred to the partnership members on its account, income accrued therefrom shall immediately belong to the partnership members and shall not be deemed dividend income.

Related statutes

Article 94 of the Income Tax Act: Scope of Capital Gains

Cases

2018du56770 The revocation of the disposition rejecting the rectification of global income tax.

Plaintiff-Appellee

AA

Defendant-Appellant

a) the Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2018Nu41152 Decided August 23, 2018

Imposition of Judgment

December 27, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the argument on the grounds of appeal is not deemed to include or not accept the grounds of appeal under the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.