Seoul High Court 2013Nu9252 ( November 07, 2013)

(A) Income from the exchange and transaction of apartment units shall not be deemed business income from the business activities, and shall be deemed capital gains.

(C) In light of the fact that it is difficult to view that an exchange transaction is aimed at avoiding heavy taxation on multi-family housing owners, the transaction constitutes capital gains on the ground that it is not business activities, since it is difficult to regard it as business activities in light of the fact that it is difficult to view it as the purpose of business registration and acquisition for the purpose of leasing several apartments.

2013Du26514 Revocation of Disposition of Imposing capital gains tax

AA

b Head of the Tax Office

Seoul High Court Decision 2013Nu9252 Decided November 07, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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