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(영문) 대법원 2015. 04. 23. 선고 2015두35314 판결

양도소득세경정거부처분취소[국승]

Case Number of the immediately preceding lawsuit

Daejeon High Court-2014Nu11227 ( December 11, 2014)

Case Number of the previous trial

Review Transfer-2013-0149 ( November 08, 2013)

Title

Disposition Rejecting Transfer Income Tax Correction

Summary

Unless there is evidence to prove that the agreement constitutes "where three years have passed since the date of incorporation into the relevant area due to the implementation of the project by phase or the delay of compensation by the project implementer" under the proviso to Article 66 (4) 1 (a) of the Enforcement Decree of the Restriction of Special Taxation Act, the Plaintiffs do not constitute item (a). Therefore, the instant disposition cannot be asserted as unlawful on the ground

Related statutes

Article 69 of the former Restriction of Special Taxation Act

Cases

Supreme Court Decision 2015Du35314 Decided capital gains tax revision

Plaintiff

000 and 1 other

Defendant

00. Head of tax office

Conclusion of Pleadings

Daejeon High Court Decision 2014Nu11227 decided December 11, 2014

Imposition of Judgment

on October 23, 2015

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

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 provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, all of the appeals are dismissed under Article 5 of the Act. It is so decided as per Disposition by the assent

on October 23, 2015