Busan High Court Decision 2011Nu679 ( December 23, 2011)

Cho High Court Decision 2009Da3522 ( December 30, 2009)

The acquisition date such as transfer of ownership is legitimate because the payment date is unclear.

(C) The land acquisition date of this case shall be deemed the land for non-commercial use after the land readjustment project is approved (the date on which the registration of transfer of ownership is received) since the date of the settlement of the price is not clear.

Article 162 of the Enforcement Decree of the Income Tax Act: Time of Transfer or Acquisition

2011Du2527 Revocation of Disposition of Imposing capital gains tax

Lee Dong-A 2 other

Head of Donggsan Tax Office

January 27, 2012

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, the court below acknowledged facts as stated in its reasoning after compiling the evidence adopted by the court below, and since the date on which the plaintiffs settled the price for the land in this case is not clear, the court below's decision that the acquisition date should be viewed as June 3, 199, which is the date on which the registration of ownership transfer is received is just, and it is not erroneous in the misapprehension of the law of logic and experience as alleged in the grounds of appeal. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party, and it