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(영문) 대법원 2014. 03. 13. 선고 2013두25467 판결
다른 주택 지분을 보유한 자녀가 별개의 세대를 구성한다고 볼 수 없어 1세대 2주택에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu15585 ( November 06, 2013)

Title

The child who holds another house share constitutes two houses for one household because he/she cannot be deemed to constitute a separate household.

Summary

In light of the occupation and income amount of unmarried children aged 26 years old at the time of transfer, it is difficult to view that they had a separate living independent from their parents in light of the parent's occupation and income amount of unmarried children aged 26 years old at the time.

Cases

2013Du25467 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

Gangwon A

Defendant-Appellee

The Director of the Pacific District Office

Judgment of the lower court

Seoul High Court Decision 2013Nu15585 Decided November 6, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined. However, the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided

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