beta
(영문) 서울고등법원 2018. 10. 26. 선고 2018누48771 판결

주택의 부지가 문화재보호법에 따른 지정문화재로 지정되었다 하더라도 주택이 문화재인 것은 아니어서, 비과세요건을 충족한 것으로 볼 수 없음[국승]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2018-Gu Group-4604 (2018.05.09)

Title

Even if the site of a house has been designated as a designated cultural heritage pursuant to the Cultural Heritage Protection Act, it shall not be deemed that the house meets the requirements for non-taxation.

Summary

In order to meet the requirements for non-taxation of capital gains tax under Article 155 (6) of the former Enforcement Decree of the Income Tax Act, housing must be designated as cultural properties under Article 2 (2) through (3) of the Protection of Cultural Properties Act, but such fact cannot be deemed to have satisfied the non

Related statutes

Special Cases concerning one house for one household under Article 155 (6) 1 of the Enforcement Decree of the Income Tax Act;

Cases

2018Nu4871 Revocation of Disposition of Imposing capital gains tax

Plaintiff

AA

Defendant

BB Director of the Tax Office

Conclusion of Pleadings

August 31, 2018

Imposition of Judgment

October 26, 2018

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 shall revoke the imposition of capital gains tax of KRW 79,643,770 for the plaintiff on June 22, 2017.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reason for this decision is that the first instance court's decision is identical to the reason for this decision, except where the term "the provision of this case" in the 17th judgment of the first instance court is "the part other than each subparagraph of Article 155 (6) and 1 of the former Enforcement Decree of the Income Tax Act", and therefore, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.