Seoul High Court 2011Nu35837 (2012.04.04)

National Tax Service Review and Transfer 2007-0167 (No. 18, 2008)

(C) It is legitimate to impose capital gains tax according to the ratio of distribution of profits and losses on the purchase price which resells the property of a cooperative.

It is reasonable to view that the purpose of the joint project was changed to the resale of land in the new building sale business in light of the fact that it is difficult to view the partnership relationship as terminated merely because it was determined that there was no feasibility of the project promoted, and that the purpose of the joint project was changed to the resale of land in the building sale business. Therefore, a disposition imposing capital gains

Article 94 of the Income Tax Act

2012du9253 Revocation of disposition of imposing capital gains tax

Hongx

Head of Sungnam Tax Office

Seoul High Court Decision 2011Nu35837 Decided April 4, 2012

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the allegation on the grounds of appeal by the appellant does not include the grounds provided in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by

Reference materials.

If the grounds for final appeal are not included in the grounds of 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 final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final