Whether the cost of construction of housing sites paid to the seller at the time of purchase of land constitutes the cost of installation and improvement, which are necessary expenses deducted from the transfer value under Article 45 (1) 2 of the Income Tax Act (affirmative)

The cost of construction of housing sites paid to a seller at the time of purchase of land shall be the cost of installation and improvement that are necessary expenses deducted from the transfer value under Article 45 (1) 2 of the Income Tax Act.

Article 45 (1) 2 of the Income Tax Act, Article 94 (2) of the Enforcement Decree of the same Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellee)

Fixtures

Permanent Residence of Head of Tax Office

Daegu High Court Decision 87Gu13 delivered on May 11, 1988

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

The decision of the court below that recognized the facts of the decision and judged that the construction cost of housing site paid to the seller when the plaintiff purchased the land in this case constitutes the necessary auction facility cost and improvement cost which are deducted from the transfer value pursuant to Article 45 (1) 2 of the Income Tax Act shall be justified, and there is no violation of the rules of evidence and the incomplete hearing, which points out in the theory of lawsuit, and there is no reason for this issue, and the remainder of the grounds for appeal is the attack on the family decision of the court below, which is premised on the case where the argument in this case is well-grounded. Therefore

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Choi Jae-ho (Presiding Justice)