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(영문) 서울고등법원 2015. 04. 02. 선고 2014누61318 판결
종교단체가 노후건물을 철거 후 3년 이상이 경과되어 토지만을 매각한 경우 법인세 과세됨[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2013Guhap31554 ( October 25, 2014)

Title

The corporate tax is levied on only the land sold by the religious organization for which three or more years have passed since the removal of the old building.

Summary

(1) Where only land is sold for a proper purpose business for three years or more as of the date of disposal due to the deterioration of a building used by a religious organization, it shall not be deemed that it has been used for the proper purpose business as of the date of disposal.

Related statutes

Article 2 of the Enforcement Decree of the Corporate Tax Act

Cases

2014Nu61318 Disposition of revocation of imposition of corporate tax, etc.

Plaintiff and appellant

AAA missionary association

Defendant, Appellant

Head of Nowon Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2013Guhap31554 decided July 25, 2014

Conclusion of Pleadings

March 19, 2015

Imposition of Judgment

April 2, 2015

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's disposition of imposing corporate tax on the plaintiff ○○ on October 2013 shall be revoked.

Reasons

The reason for the judgment of the first instance is reasonable, and therefore, Article 8(2) of the Administrative Litigation Act, the main sentence of Article 420 of the

this judgment shall be quoted by reason of this judgment.

The plaintiff's appeal is dismissed for lack of reason.

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