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(영문) 대법원 2016. 01. 14. 선고 2015두52265 판결
(심리불속행) 취득가액이 불분명하여 필요경비 개산공제를 적용한 것은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu 31802 (Law No. 25, 2015)

Case Number of the previous trial

Cho Jae-2012-439 ( December 31, 2013)

Title

(A) If the acquisition value is unclear and the necessary expense deduction is applied, it is legitimate to apply the estimated expense deduction.

Summary

The book value stated in the calculation statement, etc. of the scope of depreciation submitted is insufficient to recognize that the actual acquisition value of a building is the value of the building, and it is reasonable to deem that the actual acquisition value of the building cannot be confirmed because there is no other data to calculate the actual acquisition value.

Related statutes

Article 97 (Calculation of Necessary Expenses in Transfer Income Tax)

Cases

2015-Du-5265 Revocation of Disposition of Imposing capital gains tax

Plaintiff, Appellant

AA

Defendant-Appellee

o Head of the tax office

The second instance decision

Seoul High Court Decision 2015Nu31802 Decided December 17, 2014

Text

1. The appeal is dismissed.

2. 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 argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as

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