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(영문) 서울고등법원 2016. 03. 23. 선고 2015누55747 판결
환매권행사에 따른 소유권취득은 당초 이 사건 토지의 양도와는 별개의 거래로 봄이 상당함[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2014-Gu Group-52510 ( August 13, 2015),

Title

It is reasonable to deem that acquisition of ownership following the exercise of a redemptive right is a transaction separate from the transfer of the land of this case.

Summary

It is reasonable to deem that acquisition of ownership following the exercise of a redemptive right is a transaction separate from the transfer of the land of this case.

Related statutes

Article 88 of the Income Tax Act

Cases

2015Nu5747 Disposition of revocation of revocation of capital gains tax rectification

Plaintiff and appellant

AAAAAAA subsidiary organization

Defendant, Appellant

BB Director of the Tax Office

Judgment of the first instance court

August 13, 2015

Conclusion of Pleadings

9 March 2016

Imposition of Judgment

ocil 23, 201

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 is revoked. The defendant's rejection disposition against the plaintiff on July 18, 2014 is revoked in the amount of KRW 0,000,000 for transfer income tax belonging to the year 2008.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's judgment is the same as that of the court of first instance, and thus, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Conclusion

The judgment of the first instance is justifiable. The plaintiff's appeal is dismissed.

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