Where the date of liquidation of real estate transfer is clear, whether Article 53 (1) 1 of the Enforcement Decree of the Income Tax Act shall apply.

Even if the period from the date of registration to the date of receipt of registration exceeds one month, it is clear that the payment is settled, there is no room for application of Article 53 (1) 1 of the Enforcement Decree of the Income Tax Act.

Article 53 (1) of the Enforcement Decree

Plaintiff

The director of the tax office

Seoul High Court Decision 87Gu107 decided May 18, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

1. According to Article 53(1) of the Enforcement Decree of the Income Tax Act, "the time of acquisition and time of transfer under Article 27 of the Act shall be the date of liquidation except for the cases falling under any of the following subparagraphs," and under subparagraph 1 thereof, in case where the date of liquidation of the price is unclear or before the settlement of the price is made, the date of registration of transfer of ownership entered in registers, registers, lists, or lists (including the date of registration and the date of registration; hereinafter the same shall apply) is the cause of registration of transfer: Provided, That if the period from the date of registration to the date of receipt of the registration exceeds one month, it shall be the date of receipt of registration entered in registers, registers, lists, or lists, etc." Thus, if the date of liquidation of the price exceeds one month, even if the period from the date of registration to the date of receipt of the registration exceeds

2. According to the reasoning of the judgment below, the court below determined that the time for the transfer of 40 square meters to the non-party against the non-party by taking full account of the evidence of the city at issue was Oct. 25, 1973, and then the current Income Tax Act was amended by Act No. 2705 of Dec. 24, 1974, thereby establishing a transfer income tax on the transfer margin of real estate by repeal or absorption of the previous real estate speculation control tax, and applying the income accruing after Jan. 1, 1975, the enforcement date of the Act. Thus, the transfer income tax cannot be imposed retroactively on the transfer of the land at issue, which was enforced before the enforcement date of the above Act, and the judgment of the court below was just by misapprehending the legal principles on the transfer margin of real estate speculation under Article 11 of the Enforcement Decree of the Income Tax Act (amended by Act No. 2281 of Jan. 13, 1971) and by comparing the above imposition period of the transfer income tax to the non-party within 15 years.

3. Accordingly, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-dong (Presiding Justice)