Requirements for real estate business

To impose a business tax or value-added tax on a real estate businessman or a real estate sales businessman, it shall be limited to the case where the act of selling and selling the relevant real estate is for profit.

Article 1 of the former Business Tax Act (Act No. 2694, Dec. 21, 1974); Article 11 (1) of the Enforcement Decree of the Business Tax Act (Presidential Decree No. 7475, Dec. 31, 1974)

[Judgment of the court below]

Litigation Performers Kim Hong, Kim Jong-si of the Dong Daejeon District Office

Seoul High Court Decision 79Gu162 delivered on October 24, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

We examine the grounds of appeal by Defendant Litigation Performers.

According to Article 1(1) of the former Business Act (No. 2694, Dec. 21, 1974), a person who carries on the following business in Korea is obligated to pay the business tax under this Act, listed in subparagraph 10, and pursuant to Article 11(1) of the Enforcement Decree of the same Act (No. 7475, Dec. 31, 1974), the term “real estate business” means one of the following: (a) a broker or sales of land or buildings is indicated as its business purpose and sells real estate: (b) a person who carries on the sale of real estate at least one time during the period of taxation; (c) a person who carries on the sale of real estate at least two occasions is liable to pay the business tax; and (d) a person who carries on the sale or sales of real estate at least one of the sale or sales purposes of the real estate by a real estate sales broker who is an illegal sales or sales purpose of the real estate at least eight (1) of the real estate sales or sales purposes of the real estate; (d) the sale or sales purposes of the real estate at least one (1).

In the same purport, the judgment of the court below that revoked the tax disposition of this case is just, and there is no error of law in light of the reasoning like the theory of the lawsuit or the wrong interpretation of the law. There is no argument.

Therefore, this appeal is dismissed as it is without merit. The 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 Han-jin (Presiding Justice)