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(영문) 대법원 2011. 05. 13. 선고 2011두3210 판결
(심리불속행) 진입로 개설비용과 잔금 지연 이자를 양도가액에서 공제할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Daejeon High Court 2010Nu1918 ( December 30, 2010)

Case Number of the previous trial

Early High Court Decision 2009Na1707 (209.08)

Title

(ps) The cost of opening access roads and the interest on the remainder thereof shall not be deducted from the transfer value.

Summary

(C) The transfer value cannot be deducted due to the failure to present the objective evidence of the cost of installing additional access roads and the specific evidence to the effect that the interest for delay in the balance is paid.

Cases

2011Du3210 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

LAA

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Daejeon High Court Decision 2010Nu1918 Decided December 30, 2010

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

Reference materials.

If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,

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