logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015. 02. 12. 선고 2014두44281 판결
(심리불속행) 구 조세특례제한법 제99조에서 정한 과세특례의 적용대상은 원칙적으로 신축주택 을 주택건설업자로부터 직접 취득한 거주자임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu51212 (Law No. 25, 2014)

Case Number of the previous trial

early 2012west 4569 ( December 26, 2012)

Title

(In principle, the subject of special taxation under Article 99 of the former Restriction of Special Taxation Act shall be a resident who directly acquires a newly-built house from the housing constructor.

Summary

(W) The subject of special taxation stipulated in Article 99 of the former Restriction of Special Taxation Act is, in principle, a resident who acquires a newly-built house from a housing developer, and the "acquisition date" stipulated in the "transfer income accrued for five years from the acquisition date of a newly-built house" means the date on which the resident acquires a newly-built house directly from the housing developer.

Related statutes

Transfer income tax reduction or exemption for purchasers of Newly-built houses under Article 99 of the Restriction of Special Taxation Act

Cases

2014du44281 Revocation of detailed transfer and a disposition rejecting rectification

Plaintiff-Appellant

AA

Defendant-Appellee

○ Head of tax office

Judgment of remand

Supreme Court Decision 2014Du35126 Decided May 16, 2014

Judgment of the lower court

Seoul High Court Decision 2014Nu51212 Decided September 25, 2014

Imposition of Judgment

February 12, 2015

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 under Article 5 of the same Act. It is so decided as

arrow