Whether or not the transfer of assets without any transfer income is subject to the imposition of transfer income tax.

The transfer income tax under the Income Tax Act is a tax imposed on income generated from the onerous transfer of assets, and even if the transfer of assets was made, if there is no income, it cannot be deemed the transfer of assets subject to the transfer income tax.

Article 4 (1) 3, Article 23 of the Income Tax Act

Plaintiff

Head of the tax office

Seoul High Court Decision 86Gu219 delivered on October 15, 1986

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below found that the plaintiff had monetary claims of 6,150,000 won against the non-party 1 who was the owner of the real estate as of September 26, 1978. After completing provisional registration of the right to claim the transfer of ownership on the real estate as of September 26, 1978. If the plaintiff did not receive 6,200,000 won until November 7 of the same year, he would obtain the provisional registration based on the above provisional registration for the purpose of security. However, the court below found that the provisional registration under the name of 3,2, etc. of the non-party 2 as of May 10, 1978 and the provisional registration under the name of the non-party 3 as of September 11, 1978. The plaintiff did not receive 200 won for the above provisional registration under the name of 30,000 won for the above provisional registration and the provisional registration under the name of 1,20197.7

2. The capital gains tax under the Income Tax Act is a tax imposed on income derived from the onerous transfer of assets, and even if the transfer of assets was conducted, if there is no income, it shall not be deemed the transfer of assets subject to the capital gains tax. In light of the above facts acknowledged by the court below, it is clear that the Plaintiff cannot be deemed to have the capital gains tax subject to the capital gains tax. Therefore, the judgment of the court below that revoked the disposition imposing capital gains tax on the Plaintiff on the ground that the Plaintiff did not have the transfer of assets subject to the capital gains tax. The decision of the court below that revoked the disposition imposing capital gains tax on the Plaintiff is just, and the provisions of Article 5 (1) of

3. Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon In-bok (Presiding Justice)