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(영문) 서울고등법원 2016. 10. 28. 선고 2016누44102 판결
(1심 판결과 같음)1세대 다주택자에 해당[국승]
Case Number of the immediately preceding lawsuit

Incheon District Court-2015-Gu Group-50723 (26 April 2016)

Title

(as in the judgment of the first instance) is a multi-household;

Summary

(As in the first instance judgment, it is reasonable to see that the instant officetel is a house under the Income Tax Act, which is actually used for residence, regardless of the purpose in the public record.

Related statutes

Article 89 of the Income Tax Act

Cases

2016Nu4102 Revocation of imposition of capital gains tax

Plaintiff

AA

Defendant

The Director of Incheon Tax Office

Conclusion of Pleadings

October 7, 2016

Imposition of Judgment

October 28, 2016

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's transfer income belonging to the plaintiff in December 1, 2014, which belongs to the plaintiff in 2014.

The imposition of KRW 64,461,810 shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

This decision is identical to the reasoning of the judgment of the court of first instance, and therefore, Article 8(2) of the Administrative Litigation Act, the Civil Procedure Act

It shall be quoted by the main sentence of Article 420 as it is.

2. Conclusion

Then, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be concluded.

B. The Plaintiff’s appeal is just and without merit, and it is so dismissed as per Disposition.

this decision is rendered.

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