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(영문) 서울고등법원 2016. 06. 24. 선고 2015누63830 판결

필요적 전치요건을 갖추지 못하여 부적법하다.[국승]

Case Number of the immediately preceding lawsuit

District Court-2015-Gu Group-5236 ( October 14, 2015)

Title

It is unlawful because it fails to meet the requisite requirements for transfer.

Summary

It is unlawful as it does not receive a request for examination or a request for support, which is a necessary pre-trial procedure.

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 2015Nu63830

Plaintiff

Fixed00

Defendant

00. Head of tax office

Conclusion of Pleadings

June 3, 2016

Imposition of Judgment

June 24, 2016

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Cheong-gu Office

The judgment of the first instance shall be revoked. On May 1, 2014, the imposition of capital gains tax of 70,043,000 (including additional tax) for the Plaintiff for the year 2013 that the Defendant rendered against the Plaintiff shall be revoked.

Reasons

The reasoning for the court’s explanation on the instant case is as follows, except for the rejection of each description of Gap evidence No. 18 (including additional numbers) which is insufficient to admit the plaintiff’s assertion as evidence submitted in the trial, and therefore, it is identical to the part of the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.