beta
(영문) 대법원 2018. 07. 27. 선고 2018두41259 판결

원고는 사회통념상 사업활동으로 볼 수 있을 정도의 계속성, 반복성을 가지고 있다면 부동산매매업을 영위하였다고 봄[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-76212 ( October 27, 2018)

Title

If the plaintiff has continuity and repetition to the extent that it can be seen as business activities under social norms, it is deemed that the plaintiff engaged in real estate sales business.

Summary

It is reasonable to view that the Plaintiff engaged in real estate sales business by making real estate transactions with continuity and repetition to the extent that it can be seen as business activities under the social norms.

Related statutes

Article 1 of the Enforcement Rule of the Value-Added Tax Act

Cases

Supreme Court-2018-Du41259 ( October 27, 2018)

Plaintiff

오☆근

Defendant

○ Head of tax office

Conclusion of Pleadings

July 27, 2018

Imposition of Judgment

July 27, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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.

July 27, 2018