Case Number of the immediately preceding lawsuit
Jeju District Court-2015-Guhap-5393 (24 August 2016)
Title
sales of art works shall constitute business income for profit-making purposes.
Summary
Even if art works sold over five years are in excess of fifteen points, in light of the fact that each art work sold is considerably high, and thus it cannot be easily sold within a short time, the continuity and repetition of the degree to be seen as business activities are recognized in the instant transaction.
Related statutes
Article 19 of the Income Tax Act
Cases
2016Nu1167 (2017.05.10)
Plaintiff
Is 00
Defendant
○ Head of tax office
Conclusion of Pleadings
on 04 October 05, 2016
Imposition of Judgment
on October 1, 2017
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked.
1. Each disposition taken by the Defendant against the Plaintiff on April 1, 2014, the imposition of global income tax of KRW 318,469,930 for the year 2008, KRW 308,902,610 for the year 2009, KRW 307,829,50 for the year 2010, and KRW 39,592,170 for the year 2012, shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The court's explanation on the instant case is identical to the entry of the reasoning of the judgment of the court of first instance, and thus, citing it by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed without merit. It is so decided as per Disposition.