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(영문) 대법원 2018. 08. 30. 선고 2018두44135 판결
(심리불속행) 조합에 대한 자산의 현물출자는 자산의 유상이전으로서 양도소득세의 과세원인인 양도에 해당[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Nu-3373 (24 April 2018)

Title

(C) If the assets of the Association are invested in kind, the assets of the Association are transferred at a cost, which is the cause of taxation of the capital gains tax.

Summary

(Summary) Investment in kind in the property of the Cooperative constitutes a transfer of the property at a cost, which is a taxable cause for the transfer income tax, and the time of such transfer is the time of the investment in kind to the Cooperative, and the time of acquisition and acquisition by the original fishermen who have been directly supplied with the site for living countermeasures cannot be deemed to be the same as the time of acquisition and acquisition by the plaintiffs who

Related statutes

Article 14 of the Framework Act on National Taxes

Cases

2018Du44135 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

Section AA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2018Nu3373 Decided April 24, 2018

Imposition of Judgment

2018.30

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The ground of appeal was examined in comparison with the records of this case and the judgment below, but the ground of appeal was examined.

The assertion does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal

It is judged that it cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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