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(영문) 광주고등법원 2012. 07. 18. 선고 2012누81 판결

근로소득 등이 있어 영농자녀에 해당하지 아니함[국승]

Case Number of the immediately preceding lawsuit

Jeju District Court 201Guhap413 ( December 14, 2011)

Case Number of the previous trial

Board of Audit and Inspection (Law No. 12, 2012)

Title

Labor income, etc. that does not constitute a farmer;

Summary

The term "agricultural children whose gift tax is reduced or exempted" means a person who manages and cultivates farmland, etc. under his/her own responsibility without entrusting or lending it to another person, and a person who is appointed as a public official and has been engaged in health care and has less than the average shipping volume of the farmers in the same area, and thus does not constitute a farmer.

Cases

(Disposition)Revocation of revocation of imposition of gift tax 2012Nu81

Plaintiff and appellant

XX

Defendant, Appellant

Head of Jeju Tax Office

Judgment of the first instance court

Jeju District Court Decision 2011Guhap413 Decided December 14, 2011

Conclusion of Pleadings

June 27, 2012

Imposition of Judgment

July 18, 2012

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 defendant shall revoke the disposition of imposition of gift tax of KRW 000 against the plaintiff on June 1, 2010.

Reasons

1. The reasons stated by the court concerning this case are as follows: "Nos. 1, 2, Eul evidence Nos. 1, 1 through 7 of the sixthth sentence at the third bottom of the judgment of the court of the first instance", "Nos. 1, 2, Eul evidence No. 3-1, 3-7, Eul evidence Nos. 3-1, 4-1 to 13-7, Eul evidence No. 5, 6, Eul evidence No. 8, Eul evidence No. 9-1, 11-6, Eul evidence No. 12-1, 2-2, Eul evidence No. 16-1, 16-2, Eul evidence No. 4-1, 16-1, 4-1, 2-1, 7-1, 3-1, 3-1, 4-2, 8-1, 3-1, 4-1, 3-1, 4-1, 7-2, 4-1, 7-1 of the testimony No.

2. If so, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just, and the plaintiff's appeal shall be dismissed as it is without merit. It is so decided as per Disposition.