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(영문) 대법원 2016. 10. 27. 선고 2016두49488 판결
(심리불속행) 취득 당시의 실지거래가액을 확인할 수 없어 환산취득가액을 적용한 처분은 정당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu73103 (Law No. 12, 2016)

Title

(C) If it is impossible to verify the actual transaction price at the time of acquisition, a disposition using the converted acquisition price is justifiable.

Summary

It is insufficient to recognize that the Plaintiff purchased the instant land with the amount claimed by the Plaintiff, and there is no other evidence to acknowledge the actual acquisition value, and thus, the disposition applying the conversion acquisition value as it is impossible to verify the actual transaction value at the time

Cases

2016Du49488 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

DelegationO

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu73103 Decided August 12, 2016

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the appellant’s grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided

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