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(영문) 대법원 2012. 08. 30. 선고 2012두10260 판결
(심리불속행) 조카에게 아파트를 명의신탁 한 것으로 1세대 3주택자에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2011Nu28754 (Law No. 13, 2012)

Case Number of the previous trial

National Tax Service Review and Transfer 2010-0209 ( October 12, 2010)

Title

(ps) The title trust of an apartment to Chokdong constitutes three housing owners per household, which is the title trust of the apartment.

Summary

(C) A disposition that is imposed by applying a heavy taxation rate of 60% on the same premise shall be deemed lawful, in order to avoid heavy taxation of capital gains tax pursuant to three houses for one household.

Cases

2012du10260 Revocation of disposition of imposing capital gains tax

Plaintiff-Appellant

x 1 other

Defendant-Appellee

Head of the High Tax Office

Judgment of the lower court

Seoul High Court Decision 2011Nu28754 Decided April 13, 2012

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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