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(영문) 대법원 2018. 06. 15. 선고 2018두37083 판결
(심리불속행) 1세대 1주택 비과세 적용을 받기 위해서는 거주주택 양도당시 장기임대주택에 대한 임대사업자등록 등이 있어야 함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-74322 (2018.02)

Case Number of the previous trial

Cho High Court Decision 2016Do2691 ( December 12, 2016)

Title

In order to be subject to non-taxation of one house for one household, a registration of a rental business operator for long-term rental houses should be made at the time of residence.

Summary

(C) Article 155(19)2 of the former Enforcement Decree of the Income Tax Act provides that “The term “the term “the term “the term “the term “the term “the term “the term “the term” means “the term “the term “the term” under the term “the term “the term “the term “the term” under Article 155(1)2”

Related statutes

Article 155 (Special Cases concerning One House for One Household)

Enforcement Decree of the Income Tax Act (Scope of houses falling under three or more houses for one household)

Cases

Supreme Court Decision 2018Du37083 Decided capital gains tax

Plaintiff and appellant

AA

Defendant, Appellant

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court 2017Nu74322

Imposition of Judgment

June 15, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of

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