Seoul High Court 2012Nu13629 ( December 06, 2012)

National Tax Service Review and Transfer 2010-0390 ( October 17, 2011)

(C) If the location and area of the land at the time of sale is not determined, the time when the price is settled shall be regarded as the time of transfer.

(The main point of view is that the transfer time should be regarded as the time when the purchase price is settled in light of the following: (a) the part of the land before subdivision was sold, and the sale land was determined through the construction of housing site; (b) there was no additional payment or settlement made by the purchaser; and (c) the buyer’s transfer registration was delayed due to the work of housing site preparation works, etc.

2013Du1034 Revocation of Disposition of Imposing capital gains tax

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Head of Seocho Tax Office

Seoul High Court Decision 2012Nu13629 Decided December 6, 2012

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

In accordance with Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, Article 5 of the Act on Special Cases Concerning the Procedure for Appeal submitted by the Plaintiff, and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal, it is so decided as per Disposition by the assent of all participating Justices.

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final