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(영문) 서울고등법원 2013. 02. 01. 선고 2012누24377 판결
부동산의 취득시기가 2003.7.1.이후이므로 개정된 조세특례제한법상 감가상각특례를 적용함[국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2012Guhap7011, 2012)

Case Number of the previous trial

Cho High Court Decision 2010Du2245 ( November 25, 2011)

Title

Since the time of acquisition of real estate is after July 1, 2003, the special exception to depreciation under the Restriction of Special Taxation Act should be applied as amended.

Summary

Since the time of acquisition of real estate after July 1, 2003, it is legitimate to calculate the depreciation costs by applying the special service life of 20 years and the depreciation rate under the Restriction of Special Taxation Act, and to include them in deductible expenses by report adjustment.

Cases

2012Nu24377 Revocation of Disposition of Corporate Tax Imposition

Plaintiff, Appellant

AAPS, Inc.

Defendant, appellant and appellant

Head of the District Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2012Guhap7011 decided July 13, 2012

Conclusion of Pleadings

December 7, 2013

Imposition of Judgment

February 1, 2013

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

Each disposition of KRW 00 of the corporate tax for the business year 2004 and KRW 000 of the corporate tax for the business year 2008, which the defendant issued to the plaintiff on March 17, 2010, shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

The reasoning of the judgment of the court is the same as that of the judgment of the court of first instance, and it is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. If so, the judgment of the court of first instance is justifiable, and the defendant's appeal

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