beta
Case Number of the immediately preceding lawsuit
Seoul Administrative Court-2012-Gu Group-29557 ( November 19, 2014)
Title
The exchange marginal profit corresponding to foreign loans borrowed at the time of acquisition of an overseas house must be excluded from the transfer marginal profit.
Summary
(1) Where an overseas house acquired with overseas loans is transferred and the loan is repaid as part of the transfer proceeds, the exchange marginal profits equivalent to the loan shall be excluded from the transfer marginal profits.
Related statutes
Article 54 of the Enforcement Decree of the former Inheritance Tax and Gift Tax Act
Cases
2014Nu8485 Revocation of Disposition of Imposing capital gains tax
Plaintiff
westO
Defendant
O Head of tax office
Conclusion of Pleadings
June 2, 2015
Imposition of Judgment
June 16, 2015
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
The judgment that the Defendant’s imposition of capital gains tax of KRW 000 (including additional tax) for the year 2010 against the Plaintiff on February 1, 2012 is revoked.
2. Purport of appeal
The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
Reasons
The reasoning for the court's explanation on this case is the same as that for the judgment of the court of first instance, and thus, this is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.