(영문) 서울고등법원 2012. 07. 13. 선고 2011누42156 판결설비 등 일반자산의 양도가액은 부동산 양도가액에서 제외한 것으로 보여짐[국승]
Seoul Administrative Court 201Gudan11511 ( November 04, 2011)
National Tax Service Review and Transfer 2010-0371 (201.03.04)
The transfer value of general assets, such as facilities, shall be deemed excluded from the transfer value of real estate.
(The same as the judgment of the court of first instance) Where real estate is transferred by concluding and implementing a business transfer/acquisition contract including real estate, it is difficult to recognize that the transfer value of machinery and equipment among the transfer proceeds is excluded from the transfer value of general assets and is included in the transfer value of facilities.
Article 96 of the Income Tax Act
2011Nu42156 Revocation of imposition of capital gains tax
Park XX
The Director of Gangnam District Office
Seoul Administrative Court Decision 2011Gudan11511 decided November 4, 2011
June 12, 2012
July 13, 2012
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.
The Defendant’s disposition of imposition of capital gains tax of KRW 000 for the year 2007 against the Plaintiff on November 1, 2010 shall be revoked.
1. Quotation of judgment of the first instance;
The reasoning for the court's explanation on this case is the same as that of the judgment of the court of the first instance, and thus, it is also accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the plaintiff's claim seeking the revocation of the disposition of this case is dismissed as it is without merit, and the judgment of the court of first instance is justified as it is in conclusion, and it is so decided as per Disposition.