Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2013Guhap1437 (2014.02.07)
Title
The Plaintiff’s co-ownership (2/1) of the salt farm that was acquired with her mother was donated to the mother.
Summary
In view of the fact that the instant salt farm was acquired by selling the house owned by the mother’s name, it is presumed that the Plaintiff was donated from the mother the acquisition value of his share during the instant salt farm.
Cases
2014Nu4378 Revocation of Disposition of Imposition of Gift Tax
Plaintiff and appellant
KimA
Defendant, Appellant
O Head of tax office
Judgment of the first instance court
Seoul Administrative Court Decision 2013Guhap1437 decided February 7, 2014
Conclusion of Pleadings
September 3, 2014
Imposition of Judgment
October 1, 2014
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The imposition of the gift tax on November 5, 2012 by the Defendant against the Plaintiff shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this court's ruling is the same as that of the court of first instance except for the dismissal of the following matters, and thus, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the
O The same 4th th th th th th th th th th th th is "the same 192-15th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th
O Part 3 of the 7th to 14th sentence of the first instance court's decision is "the fact that there is a lack of objective data on the actual purchase price and sales price of the third Bdong Housing,CC-dong Housing, Ddong Housing, and the details of the purchase price."
2. Conclusion
The judgment of the first instance is justifiable. The plaintiff's appeal is dismissed.