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(영문) 대법원 2012. 04. 26. 선고 2012두805 판결
(심리불속행) 토지와 건물의 양도가액을 구분할 수 없으므로 양도가액을 기준시가에 따라 안분계산함은 적법[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2011Nu19507 ( December 02, 2011)

Case Number of the previous trial

National Tax Service Review and Transfer 2010-0031 (2010.30)

Title

Since the transfer value of land and buildings cannot be separated, it is legitimate to calculate the transfer value according to the standard market price.

Summary

Since the transfer value of land and buildings cannot be separated, the method of calculating the transfer value is lawful according to the standard market price, and the method of recognizing the acquisition value of land by converting it according to the standard market price is reasonable in accordance with the income tax law.

Related statutes

Article 100 of the Income Tax Act

Article 166 of the Enforcement Decree of Income Tax Act

Cases

2012du805 Revocation of disposition of imposing capital gains tax

Plaintiff-Appellant

Park AA

Defendant-Appellee

Head of the Pakistan Tax Office

Judgment of the lower court

Seoul High Court Decision 2011Nu19507 Decided December 2, 2011

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case, the judgment of the court below, and the grounds of appeal by the appellant are examined, and it is clear that the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by

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