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Case Number of the immediately preceding lawsuit
Gwangju High Court 2013Nu1682 (Law No. 10, 2014)
Case Number of the previous trial
early 201luminous2396 (Law No. 112, 05.31)
Title
If the sales contract was rescinded by agreement on the default of the obligation to pay the remainder after the conclusion of the sales contract, the sales contract becomes retroactively null and void.
Summary
When concluding a sales contract for real estate, the registration of ownership transfer has been completed in advance for the buyer, and if the buyer cancels the sales contract due to the buyer's failure to fulfill his obligation to pay the remainder, the sales contract is retroactively null and void. Therefore, the imposition of capital gains tax on the premise that the seller has any income from the transfer of
Related statutes
Article 88 (Definition of Transfer) of Income Tax Act
Cases
2014Du6739 Invalidity of a disposition imposing capital gains tax
Plaintiff-Appellee
JAA
Defendant-Appellant
Head of the North Mine District Tax Office
Judgment of the lower court
Gwangju High Court Decision 2013Nu1682 Decided April 10, 2014
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the ground of appeal on the grounds of appeal is not deemed to have been rejected or not.