Seoul High Court-2016-Nu-76697 (2017.06)

Seocho 2015 Schedules232 (Law No. 135, 28 July 2015)

(C) The real estate rental income shall not be deducted from the acquisition value of the transfer income tax, the depreciation costs included in the necessary expenses in the taxable period, which is a deficit.

(C) If a real estate rental income cannot be deducted from the acquisition value of the transfer income tax in the taxable period in which the real estate rental income is included in the necessary expenses, it cannot be viewed as infringing on the constitutional property right or violating the principle of no taxation without the law, and

Article 97 (Calculation of Necessary Expenses for Transfer Income)

2017Du57653 Revocation of Disposition of Imposing capital gains tax

-Appellee

OO

Appellant

◊◊세무서장

Seoul High Court Decision 2016Nu76697 Decided July 6, 2017

December 7, 2017

All appeals are dismissed.

Costs of appeal shall be borne by each party.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition by