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(영문) 대전고등법원 2019.11.20 2018누12112
양도소득세부과처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s transfer income tax for the Plaintiff on April 8, 2016 30,840.

Reasons

1. Details of the disposition;

A. On May 25, 2010, the Korea Land and Housing Corporation (A sales contract for the establishment of the instant association and the land) publicly announced that a non-corporate association in the form of a non-corporate group consisting of persons selected as eligible to be supplied with a cost-of-living site in relation to the Daejeon-dong Ndong Housing Development Project, which was implemented in the Daejeon-gu Ndong, would be supplied with a cost-of-living site. 2) On July 30, 2010, the Korea Land and Housing Corporation entered into a sales contract with the Korea Land and Housing Corporation to purchase and sell a cost-of-living site to the non-corporate group of non-corporate groups in the form of a non-corporate group of persons eligible to be supplied with a cost-of-living site in the project district, and the FF association entered into a sales contract with the Korea Land and Housing Corporation to purchase a parcel number of 1,460.9 square meters (hereinafter “P land”).

3) The F Association and the G Union are D Association around August 2010 (hereinafter “instant Association”).

On August 10, 2010, the Plaintiff was a head of the instant association. The instant association succeeded to all rights and obligations under the sales contract concluded between the F association and the G association with respect to the instant land and P land with the Korea Land and Housing Corporation. The main contents of the instant association’s articles of association are as follows. Article 2(1) of the Korea Land and Housing Corporation: (a) The association purchases a general commercial site provided by a person subject to livelihood measures in the Daejeon E Housing Site Development District implemented by the Korea Land and Housing Corporation; (b) newly constructs a commercial site and then disposes of it to the members and the general public

(1) The funds to implement the project shall be covered by the following financial resources:

1. Charges paid by members of the Korea Land and Housing Corporation to purchase land;

2. Charges imposed on members, such as construction expenses;

3. Funds borrowed from outside (Qualifications for Membership) shall be the Korea Land and Housing Corporation.

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