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(영문) 대법원 2015. 02. 24. 선고 2014두45161 판결
(심리불속행) 동일한 세대를 구성한 바 없으므로 이 사건 토지 양도를 비과세 대상인 1세대 1주택의 양도로 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu45880 ( October 28, 2014)

Case Number of the previous trial

Transfer 2013-0142

Title

(C) The transfer of this case’s land cannot be deemed a transfer of one house to one household subject to non-taxation on the ground that the same household unit was formed.

Summary

(C) The transfer of the land in this case cannot be deemed a transfer of one house by one household, since the land and the building owner are different, and there was no fact that the same household unit is living together.

Related statutes

Article 154(1)1 of the Enforcement Decree of the Income Tax Act

Cases

2014Du45161 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

AA

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2014Nu45880 Decided October 28, 2014

Imposition of Judgment

February 24, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The appeal shall be dismissed in accordance with Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure of Final Appeal, since the petition of appeal filed by appellant does not contain any statement in the grounds of appeal, and it is so decided as per Disposition by the assent of all participating

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