미술품 판매액은 수익을 목적으로 한 사업소득에 해당함[국승]
Jeju District Court-2015-Guhap-5393 (24 August 2016)
sales of art works shall constitute business income for profit-making purposes.
Even if art works sold over five years are in excess of fifteen points, in light of the fact that each art work sold is considerably high, and thus it cannot be easily sold within a short time, the continuity and repetition of the degree to be seen as business activities are recognized in the instant transaction.
Article 19 of the Income Tax Act
2016Nu1167 (2017.05.10)
Is 00
○ Head of tax office
on 04 October 05, 2016
on October 1, 2017
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The judgment of the first instance shall be revoked.
1. Each disposition taken by the Defendant against the Plaintiff on April 1, 2014, the imposition of global income tax of KRW 318,469,930 for the year 2008, KRW 308,902,610 for the year 2009, KRW 307,829,50 for the year 2010, and KRW 39,592,170 for the year 2012, shall be revoked.
1. Quotation of judgment of the first instance;
The court's explanation on the instant case is identical to the entry of the reasoning of the judgment of the court of first instance, and thus, citing it by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed without merit. It is so decided as per Disposition.