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(영문) 대법원 2012. 12. 13. 선고 2012두19540 판결
(심리불속행) 매수자로부터 양도소득세 등의 명목으로 금원을 지급받은 것으로 인정되므로 양도가액에 포함됨[국승]
Case Number of the immediately preceding lawsuit

Busan High Court (Chowon) 2011Nu1040 (Law No. 26, 2012)

Case Number of the previous trial

Cho High Court Decision 2010Du0423 (Law No. 29, 2010)

Title

It is recognized that the money was received from the purchaser as the name of transfer income tax, etc., and it is included in the transfer value.

Summary

In full view of the fact that the purchaser agreed to bear part of the capital gains tax at the time of the sale and purchase of real estate, and the fact that the purchaser prepared a written confirmation that he received the outstanding amount from the purchaser, it shall be deemed that the outstanding amount was paid by the purchaser.

Cases

2012Du19540 Revocation of Disposition of Imposing capital gains tax, etc.

Plaintiff-Appellant

XX

Defendant-Appellee

Head of Jinju Tax Office

Judgment of the lower court

Busan High Court (Chowon) Decision 2011Nu1040 decided July 26, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Although examining all of the records of this case, the judgment of the court below and the grounds of appeal, it is clear that the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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