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(영문) 대법원 2019. 07. 25. 선고 2019두39086 판결
원고는 이 사건 주택 양도시 비거주자에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Nu 73548 ( October 21, 2019)

Title

The Plaintiff constitutes a non-resident at the time of transferring the instant house.

Summary

(S) The plaintiff denies the application of non-taxation for one household as the non-resident at the time of the transfer of the instant house, and the disposition imposing capital gains tax is legitimate.

Related statutes

Article 1-2 of the former Income Tax Act, Article 2 of the Enforcement Decree of the former Income Tax Act

Cases

2019Du39086 Revocation of Disposition of Imposing capital gains tax

Plaintiff

○ Kim

Defendant

○ Head of tax office

Conclusion of Pleadings

-

Imposition of Judgment

July 25, 2019

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 under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices

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