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[Cancellation of capital gains tax imposition] Supreme Court ruling case 2020 Du34377 Cancellation of capital gains tax imposition Plaintiff Ahn aa Defendant bb Head of Tax Office Argument closed Sentence 87 Taka 1093 Judgment [Partition registration, etc.] [Official 1987.12.1.(813), 1711] 【Judgment details】 A. Sentence 2005Da34377 Judgment [Return of Real Estate Fund Price] Unpublished Supreme Court Comprehensive Legal Information
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Sentence 2005Da34377 Judgment Paper 1 on return of real estate fund money Even if you have attracted investment money by believing that the money will be returned from a multi-level company as a recruiting method for quasi-receipt activity, if you recklessly believed and participated in the transaction and induced the transaction, you are the victim. Therefore, the appeal is dismissed and the ruling is made as per the unanimous opinion of the involved judges.
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B. Whether or not the right to claim registration of transfer of ownership of the delivered real estate is extinguished by time. Sentence 2005Da34377 Judgment [Return of real estate fund money] Decision points [1] Requirements for establishing a joint illegal act [2] Damage to investors by recommending investment in quasi-receipt activities prohibited by law. Whether or not a worker dispatch relationship is established (Articles 1 and 2)
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(See judgment 2005Da34377, etc.). The grounds for appeal (statements in the supplementary grounds for appeal submitted after the period for submitting the grounds for appeal have expired) are judged to the extent that they supplement the grounds for appeal. Enforcement Decree of the Special Act for Special Promotion of Full-Term Discharged Corporal Soldiers Who Have Served for More Than 30 Months (Enforcement Decree of the Special Promotion Act for Corporal Distinguished Soldiers) [2024.
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