A. Whether a transfer under the former Income Tax Act (amended by Act No. 4019 of Dec. 26, 1988) may be deemed to have occurred in a case where a sales contract was concluded but the price was not paid in full (negative)

(b) A case where the taxation requirements of capital gains tax have not been satisfied where the decedent transferred real estate and died before receiving the remaining amount;

A. Article 27 of the former Income Tax Act (amended by Act No. 4019 of Dec. 26, 198) and Article 53 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 12154 of May 8, 1987) provide that the date of the transfer shall be regarded as the date of the transfer, except in exceptional cases, such as where the transfer of ownership is registered before the price is settled for the transfer of assets. Thus, even if a sales contract was concluded, the transfer under the Income Tax Act shall not be deemed to have been made unless the price is fully paid.

(b) The case holding that capital gains tax requirements have not been satisfied where the decedent transferred real estate and died before receiving the remainder payment;

Article 27 of the former Income Tax Act (amended by Act No. 4019 of Dec. 26, 198) and Article 53 (1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 12154 of May 8, 1987)

[Plaintiff, Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Do-young and 1 other, Counsel for plaintiff-appellant)

[Plaintiff-Appellant] Kim Sung-hoon Law Firm, Attorney Kim Un-sik, Counsel for plaintiff-appellant

head of Dongjak-gu Tax Office

Seoul High Court Decision 90Gu17714 delivered on May 8, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment below, the court below, based on the above evidence, found that the above real estate was transferred to the non-party 1 and the non-party 3 building on the 40th anniversary of the above 7th anniversary of the acquisition price of the above 40th anniversary of the acquisition price of the above 40th anniversary of the acquisition price of the above 10th anniversary of the acquisition price of the above 10th anniversary of the acquisition price of the above 20th anniversary of the acquisition price of the above 4th anniversary of the above 10th anniversary of the acquisition price of the above 10th 6th 6th 6th 7th 6th 7th 7th 6th 7th 6th 7th 7th 7th 7th 1982 5th 5th 6th 197 7th 196 7th 200 7th 200 7th 1981.

The assertion is groundless.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-sung (Presiding Justice)