Case Number of the immediately preceding lawsuit
Suwon District Court-2015-Gu Partnership-62539 ( January 12, 2016)
Title
(as in the judgment of the first instance court) The construction cost without objective evidence shall not be considered as necessary expenses.
Summary
(As in the judgment of the first instance court), the cost of new construction of a building without objective evidence does not constitute necessary expenses to be deducted in the calculation of capital gains tax.
Cases
2016Nu37616 Revocation of Disposition of Imposing capital gains tax
Plaintiff and appellant
○ ○
Defendant, Appellant
○ Head of tax office
Judgment of the first instance court
Suwon District Court Decision 2015Guhap62539 Decided January 12, 2016
Conclusion of Pleadings
2016.23
Imposition of Judgment
oly 28, 2016
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 court of first instance shall be revoked. The defendant's disposition of imposition of capital gains tax of KRW 105,652,650 for the plaintiff on December 1, 2013 in excess of KRW 68,391,194 shall be revoked.
Reasons
1. Quotation of the reasons for the judgment of the first instance;
This decision is identical to the reasoning of the judgment of the court of first instance, and therefore, Article 8(2) of the Administrative Litigation Act, the Civil Procedure Act
It shall be quoted by the main sentence of Article 420 as it is.
2. Conclusion
Therefore, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just and the plaintiff's appeal shall be dismissed as it is without merit. It is so decided as per Disposition.