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(영문) 서울고등법원 2011. 11. 01. 선고 2011누12186 판결

환매대금을 청산한 날을 취득일로 본 처분은 적법함[국승]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2010Gudan19594 (201.02.09)

Case Number of the previous trial

Seocho 2010west 1655 (Law No. 29, 2010)

Title

This disposition is legitimate on the date of liquidation of the repurchase price.

Summary

In full view of the fact that the transfer of land does not become null and void, the disposition rejecting a request for rectification of transfer income tax on the ground that the date of liquidation of the redemption price should be deemed the acquisition day is lawful.

Cases

2011Nu12186 Revocation of disposition of refusal to request capital gains tax rectification

Plaintiff and appellant

AAAA Large-Parental Association

Defendant, Appellant

Director of the District Office

Judgment of the first instance court

Seoul Administrative Court Decision 2010Gudan19594 decided February 9, 2011

Conclusion of Pleadings

August 30, 2011

Imposition of Judgment

November 1, 2011

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. On February 11, 2010, the defendant revoked the disposition rejecting a request for correction of capital gains tax against the plaintiff.

Reasons

The court's reasoning is the same as the part of the reasoning of the judgment of the court of first instance. Thus, it shall accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. Thus, the plaintiff's claim is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition