Seoul High Court-2016-Nu-38930 ( December 22, 2016)

Cho Jae-2014 -13949 ( December 11, 2014)

(C) Whether capital gains tax is high-class housing should be determined on the basis of ‘actual land transaction price'.

(C) Article 99-3 (1) of the former Restriction of Special Taxation Act provides that the housing of this case shall be excluded from capital gains tax reduction or exemption pursuant to the proviso to Article 99-3 (1) of the former Restriction of Special Taxation Act, and whether the housing of this case constitutes a high-class house shall be determined based on

Article 99-3 of the Restriction of Special Taxation Act (Special Taxation for Capital Gains Tax for Purchasers of Newly-Built Houses)

2016-Du-5458 The revocation of the disposition of refusal to revise capital gains tax;

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o Head of the tax office

The second instance decision

Seoul High Court Decision 2016Nu38930 Decided 22, 2016

January 12, 2017

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff.

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 ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.