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(영문) 대법원 2011. 10. 27. 선고 2011두16933 판결
(심리불속행) 양도 당시 토지등소유자가 사업시행인가를 받은 경우에만 과세특례규정 적용됨[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu42623 (Law No. 28, 2011)

Case Number of the previous trial

Cho High Court Decision 2007Du4137 (Law No. 14, 2008)

Title

(Reorder of Hearing) The provision of special taxation shall apply only when the owners of land, etc. have received project authorization at the time of transfer.

Summary

(C) The provisions of special taxation can only be applied to the urban environment rearrangement project implemented by the owners of land, etc. only when real estate has been transferred to the owners of land, etc. who have received project implementation authorization at the time of transfer.

Cases

2011Du16933 Revocation of disposition rejecting capital gains tax rectification

Plaintiff-Appellee

PAA et al.

Defendant-Appellant

Head of Seodaemun Tax Office

Judgment of the lower court

Daejeon High Court Decision 2010Nu2812 Decided June 9, 2011

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the 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 for Appeal, and all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided

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