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(영문) 대법원 2018. 02. 28. 선고 2017두67926 판결
(심리불속행)기준시가 원칙일 때 허위 매매계약서를 제출하여 양도소득세 신고를 한 경우[국승]
Case Number of the immediately preceding lawsuit

Daegu High Court-2017-Renit-117 ( October 20, 2017)

Title

(D) When the standard market price is the principle, where the transfer income tax is reported by submitting a false sales contract.

Summary

(2) If the Defendant did not submit a revised return based on the standard market price at the time of the acquisition of the real estate of this case at the time of the final return, the Defendant’s disposition that corrected the tax base and tax amount based on the conversion price based on the standard market price at the time of the acquisition and the actual transaction price confirmed at the time of the transfer is lawful in accordance with the proviso of Article 114(4)

Related statutes

Article 96 of the Income Tax Act

Article 114 of the Income Tax Act: Determination, rectification and notification of tax base and tax amount for transfer income;

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per

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