Case Number of the immediately preceding lawsuit
Seoul High Court 2013Nu50373 (Law No. 17, 2014)
Title
It shall be deemed that a separate house is owned only when the house has the authority to use, profit, and dispose of the house which can be the basis of the residential life.
Summary
In fact, only some equity shares are held for the purpose of securing collateral or bonds for the purpose of voluntary sale, and it cannot be deemed that a person has the authority to use, profit from, and dispose of separate houses because he/she owns separate houses on the sole ground that he/she is a nominal equity right holder. Thus, it cannot be deemed that a person does not meet the requirements for non-taxation on one house for one household.
Related statutes
Article 154 of the Enforcement Decree of Income Tax Act
Cases
2014Du38811 Revocation of Disposition of Imposing capital gains tax
Plaintiff
IsaA
Defendant
Head of Geumcheon Tax Office
Imposition of Judgment
October 15, 2014
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the appellant’s 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. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided