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(영문) 대전고등법원 2014. 12. 11. 선고 2014누11227 판결

양도소득세 경정거부처분 취소[국승]

Case Number of the immediately preceding lawsuit

Daejeon District Court 2014Gudan10087 ( October 25, 2014)

Case Number of the previous trial

Cho Jae-chul2013 Before 3480 ( November 29, 2013)

Title

Revocation of a disposition rejecting capital gains tax correction;

Summary

No reduction shall be made because it does not fall under large-scale development projects (a) prescribed in Article 66 (4) 1 of the Restriction of Special Taxation Act or any inevitable cause (b) prescribed by Ordinance of the Ministry of Strategy and Finance.

Cases

Daejeon High Court 2014Nu11227 Revocation of Disposition Rejecting capital gains tax;

Plaintiff and appellant

OOO and one other

Defendant, Appellant

Daejeon director of the tax office

Judgment of the first instance court

Daejeon District Court Decision 2014Gudan10087 Decided July 25, 2014

Conclusion of Pleadings

November 13, 2014

Imposition of Judgment

December 11, 2014

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The decision of the first instance is revoked. The defendant's rejection disposition against the plaintiffs on January 21, 2013 is revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasons for this court's explanation are as stated in the reasoning of the judgment of the first instance, except for the fact that there is no evidence to acknowledge it as to the 5th 8th th th th th 8 of the judgment of the first instance, and that there is no evidence to acknowledge it only by the entries and images of Gap evidence 5 and 6 (including the provisional number), and that there is no other evidence to acknowledge it. Thus, it is reasonable to accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420

2. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed in its entirety due to the lack of reason, and the judgment of the court of first instance is just, and the plaintiffs' appeal is dismissed in its entirety due to the lack of reason, and it is so decided as per Disposition.