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(영문) 대법원 2013. 02. 15. 선고 2012두28018 판결
(심리불속행) 일괄양도한 토지의 양도가액 구분이 불분명한 것으로 보아 기준시가로 안분한 것은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu13384 ( October 17, 2012)

Title

(C) It is legitimate to divide the transfer value of the land transferred in a lump sum into the standard market price, considering that the transfer value of the land is unclear.

Summary

(C) In light of the circumstances surrounding the sale and purchase of each land and the method of payment, etc., the method of calculating the transfer value by parcel is lawful on the ground that the distinction between the transfer value of each land is unclear and that the transfer value is calculated based on the standard market price.

Cases

2012Du28018 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

Economic Zone

Defendant-Appellee

Deputy Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu13384 Decided October 17, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

In accordance with Article 429 of the Civil Procedure Act, Article 8 (2) of the Administrative Litigation Act, and Article 5 of the Act on Special Cases Concerning the Procedure for Final Appeal, the appeal submitted by the appellant does not include the grounds of appeal, and is not submitted within the statutory period, so it is so decided as per Disposition by the assent

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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