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(영문) 대법원 2009. 05. 14. 선고 2009두3958 판결
민사소송 판결문상 확인된 취득가액을 실지거래가액으로 과세한 처분의 당부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2007Nu23677 (209.02.03)

Case Number of the previous trial

Seoul Administrative Court 2007Gudan1166 ( August 21, 2007)

Title

The propriety of the disposition imposing the acquisition value confirmed by the judgment in civil procedure as actual transaction price;

Summary

It is reasonable to see the amount confirmed by the judgment in civil procedure as the real acquisition value of the real estate in this case, and it is difficult to see that it is impossible to recognize or confirm it as the real acquisition value due to other circumstances.

The decision

The contents of the decision shall be the same as attached.

Related statutes

Article 96 of the Income Tax Act

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Although all of the records of this case and the judgment of the court below and the grounds of appeal were examined, the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as

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