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(영문) 서울고등법원 2012. 02. 15. 선고 2011누29795 판결
부동산 공급업 영위법인으로 결손금 소급공제 대상인 중소기업에 해당하지 않음[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 201Guhap1543, 2011.21

Case Number of the previous trial

Board of Audit and Inspection 2010 depth010

Title

corporation that is engaged in the real estate business but does not constitute a small or medium enterprise subject to retroactive deduction of losses;

Summary

(1) In the event that a building is constructed by entrusting another construction company with the construction of the building or being constructed by being awarded a contract to another person, the "real estate supply business (7012)" shall be deemed to be run. The plaintiff is not a construction business, but a real estate supply business entity, which is not a small and medium enterprise subject to retroactive deduction of losses, and thus the disposition imposing corporate

Cases

2011Nu2975 Revocation of Disposition of Corporate Tax Imposition

Plaintiff and appellant

XX Co., Ltd

Defendant, Appellant

Head of Suwon Tax Office

Judgment of the first instance court

Suwon District Court Decision 201Guhap1543 Decided July 21, 2011

Conclusion of Pleadings

January 11, 2012

Imposition of Judgment

February 15, 2012

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 defendant shall revoke the disposition of imposition of KRW 467,624,910 of the corporate tax against the plaintiff on November 1, 2009.

Reasons

1. cite the judgment of the first instance;

The reasons why this Court is used for this case are as the reasons for the judgment of the court of first instance. The reasons shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

2. Conclusion

Plaintiff

The appeal is dismissed.

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