beta
(영문) 대법원 2010. 11. 25. 선고 2010두16875 판결

매매대금을 지급받은 이상 잔금청산일 전 건물이 철거되었더라도 양도에 해당됨[국승]

Case Number of the immediately preceding lawsuit

Daegu High Court 2009Nu1823 (Law No. 16, 2010)

Case Number of the previous trial

early 2009Gu066 ( October 17, 2009)

Title

As long as the purchase price was paid, it constitutes a transfer even if the building was removed before the date of the balance settlement.

Summary

Even if the housing was removed before the remainder payment date, as long as the Plaintiff received full payment from the non-party company, the transfer income tax should be calculated by deeming it as the owner of high-priced houses and three houses per household.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized as groundless. Thus, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided