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(영문) 대법원 2011. 11. 02. 선고 2010두14589 판결

(심리불속행) 농지대토에 대한 양도소득세 감면[국승]

Case Number of the immediately preceding lawsuit

Busan High Court 2010Nu1217 (2010.06)

Case Number of the previous trial

Cho High Court Decision 2009J0104 (Occ. 13, 2009)

Title

(C) Reduction or exemption of capital gains tax on substitute farmland.

Summary

(Summary) In order to obtain a reduction or exemption of capital gains tax on substitute farmland, it is reasonable to interpret that a person who resides in the location of the previous farmland at the time of transfer and directly cultivates the farmland at the time of transfer. As alleged by the Plaintiff, the transfer should not be deemed to have been done for more than three years in total without the need of self-defluence at the time

Cases

2010du14589 Revocation of disposition of revocation of imposition of capital gains tax

Plaintiff-Appellee

LAA

Defendant-Appellant

Kim Jong-soo

Judgment of the lower court

Busan High Court Decision 2010Nu1217 Decided June 16, 2010

Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined. However, 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 all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided