District Court-2016-Gu Partnership-5086 (2017.05.10)

not borrowed, but at the cost of the transfer of real property

(1) The total amount of income generated from the transfer of assets is defined as the transfer value of the assets. The "total amount of income" means all income acquired in return for the transfer of the assets in question, and whether it falls under consideration shall be determined by whether the economic substance is in a quid pro quo relationship with the transfer of the assets in question, regardless of the title under the principle of substantial taxation.

Article 94 of the Income Tax Act: Scope of Transfer Income

2017Nu1522 Revocation of disposition of imposing capital gains tax

Ansan-gu

○ Head of tax office

Jeju District Court Decision 2016Guhap5086 Decided May 10, 2017

October 25, 2017

December 06, 2017

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The Defendant’s imposition of capital gains tax of KRW 315,389,660 against the Plaintiff on January 2, 2015 shall be revoked.

1. Quotation of judgment of the first instance;

The court's explanation of this case is "the obligation of No. 6 No. 9 of the judgment of the court of first instance," which is "the obligation of No. 6 of the judgment of the court of first instance," but it is identical to the reasons for the judgment of the court of first instance except for "the obligation of the court of first instance," and therefore, it refers to Article 8 (2) of the Administrative Litigation

2. Conclusion

Therefore, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.