Seoul High Court 2016Nu34778 (Law No. 21, 2016.09)

Examination 2014-0023 (O4.27)

Whether the reason for the ownership transfer of the real estate in this case is whether it is a sale or substitute, or an exchange.

Examining the developments leading up to the preparation of an exchange contract and the transfer of ownership on the instant real estate, the instant real estate was transferred by the exchange, and since no market price appraisal was made on the instant real estate, the sale price of the instant real estate is unclear.

Article 96 of the Income Tax Act

Supreme Court Decision 2016Du5589 ( October 25, 2017)

Park* Dong-dong et al.1

****The Director of the Tax Office

Seoul High Court Decision 2016Nu34778 Decided September 21, 2016

201.01.25

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

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