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(영문) 대법원 2014. 10. 23. 선고 2014두9110 판결
(심리불속행) 단순교환에 불과하여 실지취득가액을 확인할 수 없으므로 환산가액에 의하여 양도차익 산정은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu30362 (Seoul High Court 2014.05.30)

Title

The calculation of gains on transfer is lawful based on the conversion value, since it is merely a simple exchange and it is impossible to verify the actual acquisition value.

Summary

(W) In light of the details and contents of the conclusion of an exchange contract, the actual acquisition value is not confirmed because it is merely a simple exchange, and there is no transaction example or adequate appraisal value, so long as there is no transaction example or adequate appraisal value, the acquisition value shall not be based on the conversion value calculated on

Related statutes

Article 114 of the Income Tax Act

Cases

2014Du9110 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

IsaA

Defendant-Appellee

Head of Suwon Tax Office

Judgment of the lower court

Seoul High Court Decision 2013Nu30362 Decided May 30, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal on the grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per

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