Where a joint purchaser of real estate transfers his/her share to another joint purchaser, whether Article 56 of the Income Tax Act shall apply in calculating the amount of income.

Article 56 of the Income Tax Act provides that when a person with capital gains owns or combines assets or operates a business jointly, the income amount shall be calculated according to the ratio of profit-and-loss distribution or profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit

Article 56 of the Income Tax Act

[Judgment of the court below]

Head of Mapo Tax Office

Seoul High Court Decision 80Gu573 delivered on December 17, 1981

The judgment below is reversed, and the case is remanded to Seoul High Court.

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment below, the court below should have assessed the transfer income tax amount of 170,000 won on October 24, 1977 with non-party 1 and non-party 5, and assessed the transfer income tax base of 176,80,000 won on the above non-party 1 for convenience, but the above non-party 1 constructed the 5-story building on its own fund of 309,709,764 won and then transferred the land and building of 750,000 won to non-party 2. The court below decided that the transfer income tax base of 00,000 won was 0,000 won on the above land after deducting the transfer income tax base of 0,000 won from the transfer income tax base of 00,000 won on the non-party 2 before the transfer of the above land to non-party 30,000 won.

However, Article 56 of the Income Tax Act provides that when a person with capital gains owns or combines assets or operates a business jointly, the amount of income shall be calculated according to the ratio of profit and loss to be distributed or distributed in accordance with the ratio of his share or profit and loss distribution. According to the decision of the court below, according to the decision of the court below, the plaintiff made a joint purchase of 30,000,000 won at his own share on the date of the decision, and the non-party 1, one of the joint buyers, and the same non-party was paid KRW 59,00,000 to the non-party 2 prior to the transfer of the building constructed as a sole fund on the above site and its ground before the transfer to the non-party 2. Meanwhile, according to the evidence No. 3-2, the defendant also received the amount of capital gains tax from the non-party 1 to the non-party 1 who jointly purchased the land at the time of the joint purchaser, and it is clear that the plaintiff transferred the amount of capital gains tax to the non-party 200,00.

Therefore, the court below's revocation of the defendant's taxation disposition is erroneous in the misunderstanding of legal principles under Article 56 of the Income Tax Act, and it is clear that this affected the judgment, and the judgment of the court below cannot be reversed.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)