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(영문) 대법원 2014. 05. 29. 선고 2014두3600 판결

주거상업 복합건물 양도시 양도가액의 구분이 불분명한 경우[국승]

Case Number of the immediately preceding lawsuit

Busan High Court (Chowon) 2012Nu1351 (Law No. 16, 2014)

Title

Where the classification of transfer value is unclear at the time of the transfer of a residential complex building.

Summary

(C) The disposition of this case, which is imposed on a pro rata value based on the standard market price, is legitimate because the Plaintiff, who transferred a residential or commercial complex building, intentionally and excessively reported the transfer value of the non-taxable house and the distinction between the transfer value is unclear.

Related statutes

Article 166 of the Enforcement Decree of the Income Tax Act

Cases

2014Du3600 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

KimA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Busan High Court (Chowon) Decision 2012Nu1351 Decided January 16, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by