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(영문) 대법원 2013. 12. 12. 선고 2013두17107 판결

일시적인 3주택의 양도시 비과세 해당여부[국승]

Case Number of the immediately preceding lawsuit

Busan High Court 2013Nu1102 (Law No. 13.24, 2013)

Case Number of the previous trial

Seoul High Court Decision 201Da3723

Title

Temporary 3 Whether a house is exempt from taxation when it is transferred

Summary

Article 155 (1) of the Enforcement Decree of the Income Tax Act applies to cases where two houses are temporarily held, and the plaintiff has three houses for one household at the time of the transfer date of the instant house, and does not fall under the application of the above provision, and it is not allowed to apply the above provision by analogy under the principle of strict interpretation. Therefore, the plaintiff's assertion on this part

Cases

2013Du17107 Revocation of Disposition of Imposing capital gains tax, etc.

Plaintiff-Appellant

United Kingdom A

Defendant-Appellee

Head of Eastern Tax Office

Judgment of the lower court

Busan High Court Decision 2013Nu1102 Decided July 24, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.