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(영문) 대법원 2012. 04. 26. 선고 2012두935 판결

(심리불속행) 8년 이상 자경하였음을 인정하기 어려움[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu34424 ( December 08, 2011)

Case Number of the previous trial

early 209 Heavy1949 (Law No. 96.30)

Title

(Incompetence of Trial) It is difficult to recognize that a person has committed self-defense for more than eight years.

Summary

(C) A disposition to deny an application for reduction or exemption of capital gains tax for at least eight years and impose capital gains tax is legitimate, as there is no evidence to acknowledge that the application has been filed for reduction or exemption of capital gains tax for at least eight years on the land transferred for a certain period of time.

Related statutes

Article 69 of the Restriction of Special Taxation Act

Cases

2012Du935 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

XX

Defendant-Appellee

the director of the tax office of Western

Judgment of the lower court

Seoul High Court Decision 2010Nu34424 Decided December 8, 2011

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal on the grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final