The time of transfer of assets under the former Income Tax Act (amended by Act No. 3098 of December 5, 1978)

Under the provisions of Article 27 of the former Income Tax Act (amended by Act No. 3098 of Dec. 5, 1978), the time of transfer of real estate is the date of receipt of down payment and intermediate payment.

Article 27 of the former Income Tax Act (amended by Act No. 3098 of Dec. 5, 1978)

Supreme Court Decision 84Nu64 delivered on May 9, 1984

Plaintiff

Head of Southern District Tax Office

Seoul High Court Decision 84Gu181 delivered on December 18, 1984

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below recognized the fact that the plaintiff sold the real estate of this case to the non-party 2,40,000 won on September 18, 1976 and received 1,000,000 won as down payment and intermediate payment, based on the evidence of this city, and determined that the transfer time of the above real estate is clear by Article 27 of the Income Tax Act that the transfer time of the down payment and intermediate payment was 1976.9.18, and therefore, the defendant's right to impose tax of this case was expired on May 31, 1982.

However, in light of the records, the court below's review of the process of finding the above facts, and it is just in light of the records, and there is no error of law that misleads the facts against the rules of evidence, such as the theory of lawsuit, and the judgment based on the premise of the above facts cannot be said to be just and there is no error of law in the theory of lawsuit.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)