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(영문) 서울고등법원 2014. 04. 24. 선고 2013누32047 판결

일시적으로 분양권알선용역을 제공한 것은 기타소득에 해당함[국승]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2012Guhap27152 ( October 29, 2013)

Title

The provision of temporary brokerage services for sale in lots shall constitute other income.

Summary

In full view of the fact that there is no evidence to prove that the Plaintiff continued to provide the sale brokerage service in the individual qualification in addition to the sale brokerage service, it is reasonable to view that the Plaintiff provided a temporary brokerage service for property rights.

Cases

2013Nu32047 Total income and revocation of disposition

Plaintiff, Appellant

CivilAA

Defendant, appellant and appellant

BB Director of the Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2012Guhap27152 decided October 29, 2013

Conclusion of Pleadings

April 9, 2014

Imposition of Judgment

April 23, 2014

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. The imposition of global income tax of KRW 174,315,380 against the Plaintiff on September 30, 201 by the Defendant shall be revoked.

Reasons

This court's reasoning is identical to the reasoning of the judgment of the court of first instance, and thus, it refers to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition.