Gwangju High Court-2014-Nu6295 ( October 22, 2015)

Cho Jae-2013-Mining-4350 ( December 18, 2013)

The cancellation of a contract for sales of non-performance can not be deemed to have received the money.

Since the cancellation of the sales contract for unlisted stocks due to nonperformance cannot be recognized because the transfer price was paid to the transferor from the corporation's account, it is reasonable to impose capital gains tax by applying the regulations of wrongful calculation based on low-price transfer between related parties.

Article 167 (3) of the Enforcement Decree of the Income Tax Act

Supreme Court Decision 2015Du38016

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00. Head of tax office

Gwangju High Court 2014Nu6295 ( October 22, 2015)

2015.05.28

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the ground of appeal on the grounds of appeal is not deemed to have been rejected or not.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.