Seoul High Court 2012Nu24025 (22 August 22, 2013)

Real estate transfer margin belongs to an organization deemed a corporation and is used directly for a proper purpose business for not less than three years and there is no liability to pay capital gains tax.

Where real estate transfer profit or loss is actually attributed to a corporation within the extent that the period of the first business year does not exceed one year, and where it is not deemed that there is a possibility of tax evasion, all the requirements under Article 3 (2) of the former Enforcement Decree of the Corporate Tax Act shall be deemed to have satisfied the requirements of Article 3 (2) of the former Enforcement Decree of the Corporate Tax Act, and

2013Du19479 Revocation of Disposition of Imposing capital gains tax

The Republic of Korea AAAAA Congress

Head of Seodaemun Tax Office

Seoul High Court Decision 2012Nu24025 Decided August 22, 2013

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Settlement Procedure, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent