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(영문) 서울행정법원 2017.06.27 2015구단53797
양도소득세부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On November 20, 2003, the Plaintiff, B, C, and D (hereinafter referred to as “Plaintiff’s family member”) succeeded to the F forest E-dong Seoul Special Metropolitan City E-dong (hereinafter referred to as “E-dong”) designated as a land transaction permission zone under the National Land Planning and Utilization Act (hereinafter referred to as “E-dong”).

On February 4, 2008, the Plaintiff entered into a contract with Es. S. Urban Development Co., Ltd. (hereinafter “Es.”), a real estate development company seeking to build large sales facilities on the land (hereinafter “instant project site”) located within H miscellaneous land, H miscellaneous land, I site, J site, K site, L site, L site, and M site (hereinafter “instant project site”) and sold KRW 5,44,530,00 (hereinafter “instant land”) equivalent to 2/9 of the Plaintiff’s inheritance shares in Es. 9,071 square meters adjacent to Es. from the land before subdivision to Es.S. (hereinafter “Es”). The Plaintiff was paid KRW 435,562,40 on the sales price, KRW 1,742,249,60 within three days from the contract date, KRW 200,000 on the remainder of 206,306,406,600 on the date when the contract was received within 15 days from the contract date.5 days.

E. E.S failed to obtain land transaction permission for the lapse of ten months from the date of conclusion of the instant sales contract. Accordingly, the Plaintiff agreed to receive land transaction permission between E.S. and E. on November 29, 2008, 1/3 of the remainder on December 3, 2008, and 2/3 of the remainder on March 31, 2009.

1. An agreement is made to extend the deadline for the payment of any remainder of a real estate sales contract by May 31, 2009.

2. Even if it is impossible to obtain permission for land transaction by May 31, 2009, it shall be a trust company designated by a purchaser for the land subject to sale at the same time as the remaining payment is made.

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