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(영문) 대법원 2016. 02. 25. 선고 2015두56052 판결

(심리불속행) 상고이유에 관한 주장은 상고심절차에 관한 특례법 제4조에 해당하여 이유 없음(기각)[기각]

Case Number of the immediately preceding lawsuit

Gwangju High Court-2014-Nu-6523 ( October 8, 2015)

Title

The ground of appeal on the ground of appeal is without merit as it falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal (Dismissal)

Summary

The reason why the transfer value of land is higher than the transaction example of neighboring land is because the price of gas filling and permission is included in the transfer value of land, and the actual transfer value of land cannot be confirmed. Therefore, the transfer value of land should be determined by the supplementary method of transaction example.

Related statutes

Article 94 of the Income Tax Act

Cases

Supreme Court-2015-Du-56052 ( October 25, 2016)

Plaintiff-Appellee

Ansan ○

Defendant-Appellant

○ Head of tax office

Judgment of the lower court

Gwangju High Court-2014-Nu-6523 ( October 8, 2015)

Imposition of Judgment

.25 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Examining the judgment of the court below and the grounds of appeal, the ground of appeal by appellant is examined.

Since the grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents are not included in the grounds under each subparagraph of paragraph (3), the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices