Seoul High Court 2012Nu39874 (Law No. 12, 2014)

Early High Court Decision 201Du4838 ( October 17, 2012)

(defensive)The disposal of the real property assessed under the exchange contract is lawful as the actual transaction amount.

(The main point of the judgment below) Since the value stated in the exchange contract is sufficiently recognized as the amount agreed upon by the parties even if there is no appraisal at the market price, it is reasonable to see such amount as the actual transaction price of the real estate in this case (it cannot be viewed as the case where the actual transaction price cannot be confirmed because there

Article 88 of the Income Tax Act, Article 96 of the Income Tax Act

2014Du5620 Revocation of Disposition of Imposing capital gains tax

The AA

The director of the North Incheon National Tax Office

Seoul High Court Decision 2012Nu39874 Decided February 12, 2014

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

“The instant records, the lower judgment, and the appellate brief (to the extent of supplement in case of the statement on the summary of the pleadings filed after the lapse of the period for submitting the appellate brief) were examined. However, the allegation on the grounds of appeal by the appellant does not include or are deemed to have no grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and thus, the appeal is dismissed in accordance with Article 5 of the same Act. It