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(영문) 서울고등법원 2014. 08. 22. 선고 2014누43570 판결

이 사건 토지는 8년 자경 감면을 적용하기 어려움[국승]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2013-Gu Group-17759 ( October 22, 2014)

Title

It is difficult to apply the reduction and exemption of the land of this case for eight years.

Summary

(as in the judgment of the first instance court) In full view of the lack of evidence to prove that the plaintiff's main business and self-competitive business have been committed, it is difficult to apply reduction or exemption for a period of eight years.

Related statutes

Article 69 of the Restriction of Special Taxation Act (Reduction or Exemption of Transfer Income Tax for Self-Cultivating Farmland)

Cases

Seoul High Court 2014Nu43570 Revocation of Disposition imposing capital gains tax

Plaintiff and appellant

KimA

Defendant, Appellant

AA Head of the Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2013Gudan17759 Decided January 22, 2014

Conclusion of Pleadings

oly 2014.18

Imposition of Judgment

2, 2014.08

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 imposition of capital gains tax of KRW 234,473,070 and special rural development tax of KRW 8,224,260 against the Plaintiff on January 1, 2013 shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reason for this decision is the same as the reason for the judgment of the court of first instance, and thus, it is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of

2. Conclusion

Therefore, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.