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(영문) 대법원 2016. 06. 09. 선고 2016두33780 판결
(심리불속행) 매매사례로 적용된 취득가액이 소득세법상 기준시가와 소급감정가액과 현저한 차이를 보이므로 매매사례로 보기 어려움[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu56408 ( October 22, 2016)

Case Number of the previous trial

Seocho 2013west 3669 ( December 04, 2013)

Title

Since the acquisition value applied to a sale case shows a significant difference between the standard market price and the retroactive appraisal value under the Income Tax Act, it is difficult to regard it as a sale case.

Summary

(1) The disposition of this case, which is made by applying the sales price under each of the approval forms of this case to the sale price under the contract of this case as the "sale case price", shall be deemed to have been prepared differently from the actual transaction price of the co-owner of this case.

Related statutes

Enforcement Decree of the Income Tax Act Article 176-2 (Estimated Decision and Revision)

Article 115 of the Enforcement Decree of the Income Tax Act (Determination of Standard Market Price)

Cases

2016Du33780

Plaintiff-Appellant

OO

Defendant-Appellee

Head of Yongsan Tax Office

Judgment of the lower court

Seoul High Court Decision 2014Nu56408 Decided January 22, 2016

Imposition of Judgment

June 9, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's allegation in the grounds of appeal on the grounds of appeal is 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 thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the

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