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(영문) 대법원 2013. 08. 19. 선고 2013두10274 판결

(심리불속행) 허위의 매매계약서를 작성하여 제출한 것은 사기 기타 부정한 행위에 해당함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu38703 (2013.05.01)

Title

(C) If a false sales contract is prepared and submitted, it constitutes a fraud or other unlawful act.

Summary

(2) If the transfer income tax is reported by making and submitting a false sales contract, it constitutes fraudulent or other unlawful act to which the exclusion period of imposition is applied, and if it is distinguished from the case of a report to which seven years have passed from the exclusion period of imposition is applied, it is consistent with the principle of tax equity, taking into account the degree of loyalty in filing a report and the difficulty of exercising

Cases

2013Du10274 Invalidity of a disposition imposing capital gains tax

Plaintiff-Appellant

United StatesA

Defendant-Appellee

The director of the tax office

Judgment of the lower court

Seoul High Court Decision 2012Nu38703 Decided May 1, 2013

Imposition of Judgment

August 19, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the grounds of appeal and appellate brief mentioned in the records of this case and the judgment of the court below and the petition of appeal were examined, but the argument on the grounds of appeal by appellant does not include or are deemed to have no grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal, so the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per