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(영문) 대법원 2013. 06. 28. 선고 2013두5548 판결
부동산의 취득시기가 2003.7.1.이후이므로 개정된 조세특례제한법상 감가상각특례를 적용함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu24377 (2013.02.01)

Case Number of the previous trial

Cho High Court Decision 2010Du2245 ( November 25, 2011)

Title

Since the time of acquisition of real estate is after July 1, 2003, the special exception to depreciation under the Restriction of Special Taxation Act should be applied as amended.

Summary

Since the time of acquisition of real estate after July 1, 2003, it is legitimate to calculate the depreciation costs by applying the special service life of 20 years and the depreciation rate under the Restriction of Special Taxation Act, and to include them in deductible expenses by report adjustment.

Cases

2013Du5548 Revocation of Disposition of Corporate Tax Imposition

Plaintiff-Appellee

AAAAA

Defendant-Appellant

Head of the District Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu24377 Decided February 1, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal are examined, and the appellant's grounds of appeal are clearly justified under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices

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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