Whether the transfer of shares of one house for one household that meets the requirements for exemption from capital gains tax is exempt;

In case a resident transfers all or part of a house that meets the non-taxation requirements, as well as in case of a partial transfer, the part divided as the transfer shall not be subject to non-taxation unless it is a house. If a resident transfers one house for one household that meets the non-taxation requirements and a share in the land annexed thereto, it shall not be subject to the partial transfer of the house, but shall be subject to non-taxation for capital gains tax because it is merely a part of the

Article 5 subparagraph 6 (i) of the Income Tax Act, Article 15 (1) of the Enforcement Decree of the same Act, and Article 6 (2) of the Enforcement Rule of the same Act.

[Defendant-Appellant] Plaintiff 1 et al.

Head of the Tax Office;

Seoul High Court Decision 91Gu29349 delivered on December 24, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to subparagraph 6 (i) of Article 5 of the Income Tax Act, one house for one household as determined by the Presidential Decree and its appurtenant land shall be exempted from income tax on land less than the area calculated by multiplying the area of the land on which the building is built by the ratio as determined by region by the Presidential Decree. According to Article 15 (1) of the Enforcement Decree of the same Act, one house for one household from Article 5 subparagraph 6 (i) of the Act means that the resident and his spouse own one house in Korea and three or more years, and if they fall under any of the following subparagraphs, one house is transferred in Korea with their family members living together with them at the same address or same place of residence, it shall not be subject to the restriction on the period of residence. According to the latter part of Article 6 (2) of the Enforcement Rule of the same Act, if one house is transferred in two or more houses, the house first transferred shall not be considered as one house for one household, and even if part of the house is transferred in installments, it shall not be subject to non-taxation, and if the part of the house is not subject to taxation on one house, as determined by the plaintiff.

The judgment of the court below to the same purport is just, and there is no error of law such as incomplete hearing or misapprehension of legal principles.

There is no reason to discuss this issue.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)