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(영문) 서울고등법원 2010. 06. 01. 선고 2009누29785 판결
간판제작, 네온 보수비용은 건물에 대한 수익적 지출에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2009Gudan1658 (209.01)

Case Number of the previous trial

Seocho 208west 1563 ( November 04, 2008)

Title

Expenses for signboard production and temperature repair are beneficial expenditures on buildings.

Summary

(1) The cost of signboard manufacturing and temperature repair is the cost of maintaining the original function of a building as a normal repair or minor improvement of the building, i.e., the cost of interior works, and the cost of interior works cannot be deemed as capital expenses only the cost of operating the building.

Cases

209Nu29785 Revocation of Disposition of Imposing capital gains tax

Plaintiff and appellant

Park AA

Defendant, Appellant

○ Head of tax office

Judgment of the first instance court

Seoul Administrative Court Decision 2009Gudan1658 Decided September 1, 2009

Conclusion of Pleadings

May 11, 201

Imposition of Judgment

June 1, 2010

Text

1. The plaintiff's appeal is dismissed.

2. Costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's imposition of capital gains tax of KRW 163,648,230 against the plaintiff on December 7, 2007 shall be revoked.

Reasons

This court's reasoning is the same as the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.

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