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(영문) 대법원 2016. 06. 09. 선고 2016두34349 판결
이 사건 부동산의 취득가액을 기준시가로 환산하여 양도소득세를 부과한 이 사건 처분은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu55655 (Seoul High Court 2016.014)

Case Number of the previous trial

National High Court 2014J 1759 (2014.07.01)

Title

The disposition of this case imposing capital gains tax by converting the acquisition value of the real estate of this case into the standard market price is legitimate.

Summary

Since it is difficult to estimate the cost of new construction of the building of this case itself, in the end, the building of this case constitutes a case where it is impossible to confirm the actual transaction price at the time of acquisition.

Related statutes

Article 97 (Calculation of Necessary Expenses for Transfer Income)

Cases

Supreme Court Decision 2016Du34349

Plaintiff-Appellant

·d)

Defendant-Appellee

o Head of the tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu55655 Decided January 14, 2016

Imposition of Judgment

June 9, 2016

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, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

2016.69

Judges

Supreme Court

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