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(영문) 대법원 2016. 09. 09. 선고 2016두44988 판결
일괄양도에 해당하는지 여부[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu60534 (Law No. 17, 2016)

Title

Whether it constitutes a blanket transfer

Summary

Since the price for each of the instant lands and buildings was separately set between the other party to the transaction at the time of the sales contract for each of the instant lands and buildings, it does not constitute “when the distinction between the price for the land and buildings is unclear.”

Related statutes

Article 100 (2) of the Income Tax Act

Cases

Supreme Court Decision 2016Du44988 (Supreme Court Decision 2016.09)

Plaintiff-Appellant

○ Kim

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu60534 Decided June 17, 2016

Imposition of Judgment

2016.09.09

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

September 9, 2016

Judges

Justices Lee Lee-young

Justices Kim Il-young

Jeju High Court Decision 201Hun-○

Justices Kim Il-young

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