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(영문) 대법원 2012. 02. 09. 선고 2011두25890 판결

부동산 매도대금을 증여받은 것으로 보아 과세한 처분은 정당함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2011Nu4963 ( October 07, 2011)

Case Number of the previous trial

Seocho 209west 1929 ( August 21, 2009)

Title

A disposition that is imposed by deeming that the proceeds of real estate sale have been donated is reasonable;

Summary

(C) In light of the above legal principles, barring special circumstances, barring any special circumstance, it is reasonable to deem that the husband donated the Plaintiff the real estate sales proceeds owned by the husband.

Cases

2011Du25890 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

XX

Defendant-Appellee

The Director of the Pacific District Office

Judgment of the lower court

Seoul High Court Decision 2011Nu4963 Decided October 7, 2011

Imposition of Judgment

February 9, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, the court below acknowledged facts as stated in its reasoning after compiling the evidence adopted by the court below. The judgment below is just in holding that the defendant's imposition of gift tax of this case was lawful on the ground that the plaintiff was donated total of KRW 1,369,01,958 from KimA, and contrary to what is alleged in the grounds of appeal, there is no violation of the rules of logic

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.