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(영문) 대법원 2017. 12. 27. 선고 2017두59666 판결
(심리불속행) 쟁점토지의 권리지분평가액을 양도가액으로 보아 과세한 처분의 당부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2017Nu37194 (Law No. 18, 2017)

Title

(D) The propriety of the disposition imposing tax by deeming the assessed value of shares in the land at issue as the transfer value.

Summary

If a contract for sale in lots is made to be constructed by a trust company with the owner of the land, the price shall be deemed to be the time of the transfer by considering the time of acquisition of new buildings as the date of the settlement of the balance.

Cases

2017Du59333 Revocation of Disposition of Levying Transfer Income Tax

Plaintiff-Appellant

KimAA et al. 10

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

August 18, 2017

Imposition of Judgment

December 27, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.

The argument regarding the procedure of appeal does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

Since it is deemed that there is no reason or reason, all appeals are dismissed pursuant to Article 5 of the same Act.

It is so decided as per Disposition by the assent of all participating Justices.

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