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(영문) 대법원 2013. 10. 31. 선고 2013두14122 판결
원고와 원고의 부모가 생계를 같이 하고 있어 독립된 세대가 아니라는 전제하에서 이루어진 피고의 이 사건 처분은 위법함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu118 (2013.06.19)

Title

The defendant's disposition of this case is unlawful on the premise that the plaintiff's parent living together with the plaintiff's parent is not an independent household.

Summary

It is reasonable to view that the Plaintiff, at the time of transfer of the instant transferred house, resided with his parents in the instant house living together with the instant house living together with his parents, but was an independent household, not an independent relationship with the relationship of living with the same living fund.

Related statutes

Article 89 of the Income Tax Act

Cases

2013Du14122 Revocation of disposition of imposing capital gains tax

Plaintiff-Appellee

GuAA

Defendant-Appellant

Head of the District Tax Office

Judgment of the lower court

Seoul High Court Decision 2013Nu118 Decided June 19, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by

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