(b) Whether the land purchaser who has partially paid part of the part payments is subject to capital gains tax from the transfer of the purchased land.

B. At the time of enforcement of the former Income Tax Act (amended by Act No. 3098, Dec. 5, 1978) and the Enforcement Decree (amended by Presidential Decree No. 8786, Dec. 30, 197) (amended by Presidential Decree No. 8786, Dec. 30, 197), capital gains subject to capital gains tax mean income derived from the transfer of ownership of land or a building. Here, ownership of land or a building includes not only the ownership completed the registration but also the de facto ownership that was paid almost all after the purchase. However, the mere fact that the buyer paid the down payment and the intermediate payment is not the fact that the actual ownership of the land was acquired, but also the transfer of the buyer’s right to acquire the right

According to the reasoning of the judgment below, the court below held that the above 2,30,00 won was paid to the non-party 2 to the above non-party 1 corporation and the non-party 2's transfer of the above 197.1.28 and the non-party 2's transfer of the above 3-party's right to the above 197.1.28 non-party 2's transfer of the above 3-party 2's right to the above 197.2's transfer of the above 3-party 2's right to the above 197.2's transfer of the above 3-party 1's right to the above 4-party 2's transfer of the 3-party 1's right to the above 7-party 2's transfer of the 197-party 2's right to the above 3-party 1's transfer of the 197-party 2's right to the above 3-party 1's transfer of the right to the above 2's right.30.

However, under Article 4(1)3 and (3) of the former Income Tax Act (amended by Act No. 3098, Dec. 5, 1978; Act No. 3098, Dec. 5, 1978; Act No. 3098) that applies to this case, capital gains refers to income accruing from the transfer of assets, and "transfer" refers to the actual transfer of the ownership of the assets for consideration. Meanwhile, according to Article 23 of the same Act, assets subject to transfer refer to land, buildings, and other assets prescribed by the Presidential Decree. However, according to the Enforcement Decree of the Income Tax Act (amended by the Presidential Decree No. 8786, Dec. 30, 197; Presidential Decree No. 8786

Therefore, it is clear that the transfer income tax subject to transfer income tax at the time of entry into force of the former Income Tax Act and the Enforcement Decree refers to the income derived from the transfer of ownership of land or building. Here, ownership of land or building should be changed not only to the completion of the registration, but also to the concept including the actual ownership paid almost in full after the purchase. According to Article 27(1) of the same Act, the transfer or acquisition time of assets pursuant to Article 23 should be the date of entering into the relevant contract and receiving the price other than the down payment. However, it is not meaningful that the transfer or acquisition of the assets takes legal effect on the date of receipt of the part of the price, but it is merely deemed that the time of transfer or acquisition is the date of receipt of part of the above money under tax law and it is merely 2,305,00 won from the trust bank of the non-party 2,2305,2305,500 won and the non-party 1600,000 won and the non-party 297.

However, the court below erred by misapprehending the legal principles on the acquisition and transfer of assets in the capital gains tax under the former Income Tax Act, which held that the defendant's disposition of this case is lawful, and therefore, the court below did not apply such legal principles.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Daegu High Court which is the original court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)