In calculating gains on transfer of assets, the time of transfer;

In calculating gains on the transfer of assets of this case, the transfer date is the date of receipt of intermediate payment under the transfer contract of this case in light of Article 27 (1) of the Income Tax Act, and thus, it cannot be deemed that the transfer registration date or the final return on tax base on the transfer is the date of transfer registration under the register, or the date of the cause of registration is the transfer.

Article 27 (1) of the Income Tax Act

Supreme Court Decision 83Nu60 Delivered on August 23, 1983

[Defendant-Appellee] Plaintiff 1 et al.

Seoul Southern District Director

Seoul High Court Decision 82Gu986 delivered on December 16, 1983

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

According to Article 27 (1) of the Income Tax Act, in calculating gains on transfer of assets, the time of transfer of assets shall be the date when the relevant contract is concluded and part of the price other than the down payment is received. Therefore, in calculating gains on transfer of assets of this case, the court below's decision that the time of transfer is the date when the intermediate payment is received under the transfer contract of this case is just and the plaintiff did not make a preliminary return on the gains on transfer or the final return on the gains on the transfer of assets of this case, and the date when the cause of registration is transferred cannot be viewed as the date of transfer

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jung-soo (Presiding Justice)