(negative) Whether a disposition imposing capital gains tax on the subject matter of sale, which has been canceled by agreement in the status of payment of down payment (negative)

Even if it is stated that the site and building on the registry were acquired and transferred, if the sales contract was rescinded by agreement while only the down payment was made, it cannot be deemed that the above site and building were acquired and transferred. Therefore, the disposition of capital gains tax is unlawful.

Articles 4(3) and 7 of the Income Tax Act, Article 14 of the Framework Act on National Taxes

Plaintiff

Head of Western Tax Office

Seoul High Court Decision 82Gu523 delivered on February 8, 1983

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment below, the court below held on December 4, 1979, that the plaintiff, a real estate business operator, and the non-party 1, who had not completed the registration of ownership transfer, entered into a sales contract with the price of the building to be newly built on the land and its ground of this case which was not yet purchased from the non-party 2 and the non-party 1, who had completed the registration of ownership transfer, and paid the price of 1.5 million won as the down payment, and the remaining price is to be paid for the public announcement of the above new building. The non-party 1 entered into the registration of ownership of the above site in order to obtain the construction permit in December 31 of the same year, and the construction permit was also granted under the name of the plaintiff and cancelled the agreement on the above sales contract, and the above non-party 1 sold the above site and the building to the non-party 3, and sold the building site and the building to the non-party 3, and made a registration of ownership transfer under the above non-party 3's name and transferred the building site and the contract.

In light of the records, the above determination by the court below is just and it is not recognized that there is an error of misconception of facts due to a violation of the rules of evidence against the theory of lawsuit. The arguments are groundless.

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) and Lee Jong-young's Lee Jong-young