Article 15 (5) 1 of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 9793, Feb. 29, 1980) means "the total floor area of a house is not less than 100 square meters".

Article 15 (5) 1 of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 9793, Feb. 29, 1980) means "the total floor area of a residential building is at least 100 square meters" and "the total floor area of a residential building is at least 100 square meters" means "the total floor area of a residential building is at least 100 square meters", and it does not mean "the total floor area of a residential building is at least 100 square meters, including the horizontal number of buildings for

Article 4 of the former Income Tax Act (amended by Act No. 3175, Dec. 28, 1979); Article 5 of the former Income Tax Act (amended by Act No. 3175, Dec. 28, 1979); Article 15 of the former Income Tax Act (amended by Presidential Decree No. 9793, Feb. 29, 1980)

Plaintiff

The Director of Gangnam District Office

Seoul High Court Decision 82Gu239 delivered on December 2, 1982

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

1. According to the provisions of Article 4 (1) of the Income Tax Act (amended by Act No. 3175 of Dec. 28, 1979), a resident is required to bear capital gains tax on income accruing from the transfer of assets, but Article 5 subparagraph 6 (i) of the same Act provides that one house for one household as prescribed by the Presidential Decree (excluding high-class houses as prescribed by the Presidential Decree) and the appurtenant land shall not be imposed income tax on income accruing from the transfer of land not exceeding 10 times the area on which the building is constructed. Article 15 (1) of the Enforcement Decree of the same Act (amended by Act No. 9793 of Feb. 29, 1980) provides that the scope of one house for one household stipulated in subparagraph 6 (i) of Article 5 of the same Act shall be at least 10,000 won, including that of high-class houses, and Article 15 (3) of the same Decree provides that the total area of the above house is at least 10,00,000 square meters or more than that of the above high-class house.

2. According to the reasoning of the judgment below, the court below determined that the above taxation disposition of this case on the premise that the above building does not constitute a high-class house is illegal, considering the following facts and the reasoning of the judgment below, since the plaintiff's transfer of the building site of this case and the above building's 86th 5th th 5th th b b son among the above buildings at the time of transfer of the building site of this case, 4th 1 th th th 2 th 2 th 2 th 2 th 2 th 2 th 2 th 2 th 90 th 6 th 7 th 94 th 7 th 94 th 6 th 6 th 4 th 1 th th th 1 th th th th 2 th th 2 th 2 th 2

3. 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 judges.

Justices Lee Jong-soo (Presiding Justice)