[양도소득세등부과처분취소][공1987.3.15.(796),385]
In order to reduce capital gains tax under Article 62 (1) of the Regulation of Tax Reduction and Exemption Act, the time limit shall meet the requirements under Article 51 (1) and (2) of the Enforcement Decree of the same Act.
Article 62(1) of the Regulation of Tax Reduction and Exemption Act, and Articles 50(1) and 51(2)1 of the Enforcement Decree of the same Act to be exempted from capital gains tax or special surtax, buildings under the Building Act shall not be established on the transferred land. Such requirements are met until the transferor receives almost all of the purchase price for the relevant land and the transferee can exercise its rights as the actual owner.
Article 62(1) of the Regulation of Tax Reduction and Exemption Act, Articles 50(1) and 51(2)1 of the Enforcement Decree of the Regulation of Tax Reduction and Exemption Act
Supreme Court Decision 84Nu612 Decided August 20, 1985
[Judgment of the court below]
Head of Eastern Tax Office
Seoul High Court Decision 85Gu1356 delivered on August 27, 1986
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
Article 62(1) of the Regulation of Tax Reduction and Exemption Act, and Article 51(2)1 of the Enforcement Decree of the same Act provides that buildings under the Building Act shall not be established on the land transferred to be exempt from capital gains tax or special surtax pursuant to the provisions of Article 50(1) and Article 51(2)1 of the same Act. Such requirements are met until the transferor is paid almost all the purchase price with respect to the relevant land and the transferee is able to exercise its rights as the de facto owner (see Supreme Court Decision 84Nu612, Aug. 20, 1985). According to the reasoning of the judgment below, the court below found that the Plaintiff’s transfer of the land in this case to the Dai Construction Co., Ltd. on August 29, 1983, the Plaintiff did not receive 680,000,000 won and received 1,000,000,0000 won and received 680,000,000,0000 won from the above land before the transfer and transfer registration.
In light of the records, the fact-finding and judgment of the court below are justified, and there is no error of law by misunderstanding the legal principles or by misunderstanding the rules of evidence as alleged. The argument is groundless.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Byung-su (Presiding Justice)