logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 서울고등법원 2016. 11. 04. 선고 2016누36286 판결
쟁점토지의 양도가액을 38억으로 보아 양도소득세를 부과한 원고의 과세처분은 적정함[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2014-Gu Group-53844 ( October 15, 2016)

Case Number of the previous trial

Cho High-2013-Seoul Government-4862 (Law No. 14, 2014)

Title

The Plaintiff’s taxation that imposes capital gains tax by deeming the transfer value of the land at issue as 3.8 billion is reasonable.

Summary

(1) The Plaintiff’s assertion that the actual transaction price is KRW 2.5 billion is without merit, since it is reasonable to deem that the actual transaction price at the time of transfer of the pertinent land is KRW 3.8 billion.

Related statutes

Article 96 of the Income Tax Act

Cases

2016Nu36286 Revocation of Disposition of Imposing capital gains tax

Plaintiff and appellant

SAA

Defendant, Appellant

BB Director of the Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2014Gudan53844 decided January 15, 2016

Conclusion of Pleadings

October 14, 2016

Imposition of Judgment

November 4, 2016

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The imposition of the capital gains tax of KRW 000 on September 1, 2011 rendered by the Defendant to the Plaintiff on September 1, 2013 shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reason for this decision is the same as the reason for the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow