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.