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(영문) 대법원 2018. 08. 17. 선고 2018두45237 판결
공부상 오피스텔이라도 실질상 주택으로 사용되었다면 주택으로 보아 1세대 1주택 비과세 적용 부인한 처분은 정당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court (Chuncheon)-2018-Nu-24 (2018.09)

Title

Any disposition denying the application of non-taxation for one household by deeming it as a house if it is actually used as a house even if it is used in the public register;

Summary

The instant officetel transferred by the Plaintiff is actually used as a house, and the Plaintiff does not meet the requirements of non-taxation for one household.

Related statutes

Article 89 of the Income Tax Act

Cases

2018Du45237

Plaintiff-Appellant

United StatesA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court (Chuncheon) Decision 2018Nu24 Decided May 9, 2018

Imposition of Judgment

August 17, 2018

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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