Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2010Gudan27410 ( October 25, 2011)
Case Number of the previous trial
National Tax Service Review and Transfer 2010-024 ( November 01, 2010)
Title
It is not eligible for non-taxation for one household due to the failure to meet the housing requirements for two years;
Summary
(The same as the judgment of the court of first instance) In the event that a tenement house is acquired by reconstruction and the apartment house is acquired by the ownership of the association members and transferred by the ownership of the transferred apartment, it is not recognized that the ownership of the transferred apartment was resided in the transferred apartment, but it is insufficient to recognize that the ownership of the apartment house was resided in the same way as the non-taxation requirements for
Cases
2011Nu41405 Revocation of imposition of capital gains tax
Plaintiff and appellant
XX
Defendant, Appellant
The Director of Gangnam District Office
Judgment of the first instance court
Seoul Administrative Court Decision 2010Gudan27410 decided October 25, 2011
Conclusion of Pleadings
October 16, 2012
Imposition of Judgment
November 9, 2012
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked.
The Defendant’s disposition of imposition of KRW 000 on July 1, 2010 against the Plaintiff on July 1, 2010 is revoked.
Reasons
1. Quotation of judgment of the first instance;
The court's explanation on this case is the same as the statement of the reasons for the decision of the court of first instance. Thus, the court's explanation is based on Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the plaintiff's claim seeking the revocation of the disposition of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is so decided as per Disposition.