beta
Case Number of the immediately preceding lawsuit
Seoul High Court 2015Nu51790 (23 June 2016)
Title
(In the absence of permission for land transaction, if a real estate is transferred to a third party without permission for land transaction, the sales contract will become null and void.
Summary
(In the first instance) Where real estate subject to a sale contract is not subject to land transaction permission, ownership is transferred to a third party at an auction procedure without any land transaction permission, the sale contract becomes null and void finally and conclusively.
Related statutes
Transfer Income Tax Act No. 105
Cases
2016Du45981 Revocation of Disposition of Imposing capital gains tax
Plaintiff-Appellant
○ Kim
Defendant-Appellee
○ Head of tax office
Judgment of the lower court
on October 23, 2016
Imposition of Judgment
on January 29, 2016
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
All of the judgment below and the records of this case were examined, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal or are not reasonable. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.