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(영문) 대법원 2015. 10. 29. 선고 2015두47331 판결
(심리불속행) 분양권을 후소유자에게 양도한 후 중간 전매자가 있다는 것에 대한 증명이 부족하여 인정할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Daejeon High Court 2014-Nu-10637 ( October 02, 2014)

Case Number of the previous trial

Cho Jae-chul2013 Before 4022 ( December 30, 2013)

Title

(A) It is not possible to recognize that there is an intermediate seller after transferring the right of sale to the owner after the transfer of the right of sale.

Summary

(Summary) Although the Plaintiff alleged to have resold the right to sell the instant case to the intermediate seller, there is no objective evidentiary document such as the contract for resale and payment of the price, and there is only the testimony, so it cannot be deemed that the right to sell the instant case has been resold.

Cases

2015Du4731 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellee

Is 00

Defendant-Appellant

00. Head of tax office

Judgment of the lower court

Daejeon High Court (Cheongju) Decision 2014Nu5706 Decided 24, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal (to the extent of supplement in case of the statement in the statement of the grounds of appeal not timely filed) were examined. However, the allegation in the grounds of appeal by the appellant is deemed not to include the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal or not reasonable. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It

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