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(영문) 대법원 2010. 01. 14. 선고 2009두17520 판결
실지취득가액이 확인되지 않는다는 이유로 환산가액을 적용한 처분은 부당함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu3905 (2009.09)

Case Number of the previous trial

Seoul Administrative Court 2008Gudan1153 ( October 08, 2009)

Title

Disposition to apply the conversion value on the ground that the real acquisition value is not verified;

Summary

In fact, it seems that evidence submitted as real acquisition value is not prepared but prepared at the time of acquisition, and a disposition calculated as conversion value on the ground that it is difficult to reject credibility due to land grade and transaction circumstances is not verified, is unreasonable.

The decision

The contents of the decision shall be the same as attached.

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. However, the grounds of appeal on the grounds of appeal are not included in the grounds stipulated in 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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