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(영문) 대법원 2015. 10. 15. 선고 2015두45502 판결
(심리불속행) 건물소유자인 원고들만 임대차계약을 했으므로 제3자가 지급한 임대료는 전체 환산한 후 토지, 건물로 안분계산 하여야 함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu64676 (2015.06.03)

Title

The rent paid by the third party should be calculated in accordance with the calculation of the land and the building after the conversion into the whole, since only the plaintiffs, who are the owners of the building, were the lease contract.

Summary

(C) The rent paid by a third party shall be deemed to be the entire land and the entire building, and shall be calculated according to the standard market price (land and building) after all conversion.

Related statutes

Article 50 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act

Cases

2015Du4502 Disposition of revocation of Disposition of Gift Tax Imposition

Plaintiff-Appellant

1. Kim A2. KimB

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Seoul High Court Decision 2014Nu64676 Decided June 3, 2015

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the ground of appeal on the grounds of appeal is not deemed to have been rejected or not.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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