Seoul Administrative Court 2016Gudan67144 ( October 30, 2017)

The amount indicated in the sales contract of this case, which is a disposal document, shall be the acquisition value.

(As in the judgment of the court of first instance) Since the acquisition value of the real estate of this case is clearly stated in the sales contract which is a disposal document, the acquisition value is the amount under the sales contract.

Article 97 (Calculation of Necessary Expenses of Capital Gains)

2017Nu55077 Revocation of Disposition of Imposing capital gains tax

AA

The director of the tax office

November 1, 2017

November 29, 2017

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant's disposition of imposition of capital gains tax of KRW 169,242,950 against the plaintiff on March 18, 2016 shall be revoked.

The Plaintiff’s grounds for appeal do not differ significantly from the contents of the Plaintiff’s assertion in the first instance court, and even if all evidence submitted in the first instance court are examined, the fact-finding and determination in the first instance court are recognized as legitimate. Accordingly, this court’s judgment is identical to the grounds for the first instance court’s judgment, and thus, accepts it as it is in accordance with Article 8(2) of the Administrative Litigation

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.