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(영문) 대법원 2015. 10. 15. 선고 2015다221965 판결
(심리불속행) 양도소득세 예정신고 무납부 고지한 경우 법정기일은 예정신고일임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2014-Na204435 (2)

Title

(C) If a preliminary return of capital gains tax was made without notice, the statutory due date shall be the date of preliminary return.

Summary

(C) If the tax base and tax amount are changed as a result of deducting transfer loss incurred from the transfer of other real estate from the transfer income amount, the date on which a tax notice is sent shall not be deemed the statutory due date, as it does not constitute a corrective disposition.

Related statutes

Article 35 (1) of the Framework Act on National Taxes

Cases

Supreme Court Decision 2015Da221965 Decided distribution

Plaintiff-Appellant

Cooperatives

Defendant-Appellee

Korea

Judgment of the lower court

Seoul High Court Decision 2014Na204435 Decided June 2, 2015

Imposition of Judgment

October 15, 2015

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 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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