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(영문) 대법원 2016. 03. 24. 선고 2015두60044 판결

원고가 이 사건 토지를 8년 이상 직접 경작한 것으로 볼 수 없으므로 원고의 청구를 기각함[국승]

Case Number of the immediately preceding lawsuit

Daejeon High Court (Cheongju)-2013-Nu-568 ( October 28, 2015)

Case Number of the previous trial

Cho Jae-2014- Daejeon-1938 ( October 29, 2014)

Title

Since the Plaintiff cannot be deemed to have cultivated the instant land directly for more than eight years, the Plaintiff’s claim shall be dismissed.

Summary

The Plaintiff cannot be deemed to have cultivated the instant land in 1/2 or more of the Plaintiff’s labor force by operating a cleaning operator’s work and a private house.

Related statutes

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

Cases

Supreme Court Decision 2015Du60044 Decided capital gains tax

Plaintiff

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Defendant

O Head of tax office

Conclusion of Pleadings

Daejeon High Court Decision 2015Nu10894 Decided November 26, 2015

Imposition of Judgment

on October 24, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's 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 of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of

on October 24, 2016