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(영문) 서울고등법원 2012. 01. 10. 선고 2011누3151 판결

양도일 전에 매매계약조건에 따라 매수자가 착공한 경우 매매계약일을 기준으로자경농지 여부 결정됨[국패]

Case Number of the immediately preceding lawsuit

Suwon District Court 2010Guhap1779 ( December 14, 2010)

Case Number of the previous trial

National Tax Service Review and Transfer 2010-0052 (2010.04.01)

Title

In the case of a purchaser's commencement under the conditions of a sales contract before the transfer date, it is determined as of the date of a sales contract.

Summary

Since a purchaser appears to have commenced the construction to establish a detached house pursuant to the terms of a sales contract before the transfer date, the decision on whether to own farmland shall be made on the basis of whether it is farmland as of the sales contract date rather than the transfer

Related statutes

Article 66 of the Restriction of Special Taxation Act: Reduction or exemption of transfer income tax for self-Cultivating farmland

Article 162 of the Income Tax Act: Time of Transfer or Acquisition

Cases

2011Nu3151 Revocation of disposition of imposing capital gains tax

Plaintiff, Appellant

XX

Defendant, appellant and appellant

Head of Namyang District Tax Office

Judgment of the first instance court

Suwon District Court Decision 2010Guhap1779 Decided December 14, 2010

Conclusion of Pleadings

October 25, 2011

Imposition of Judgment

January 10, 2012

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of claim

The Defendant’s disposition of imposition of capital gains tax of KRW 270,91,560 for the Plaintiff on December 1, 2009 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

The reasons for the court's explanation on this case are as follows: 2. The 0-day Seoul High Court Decision No. 2000 per 00 per 2. The 20-day Seoul High Court Decision No. 2000 per 7. The 20-day Seoul High Court Decision No. 2000 per 7. The 20-day High Court Decision No. 20166. The 20-day High Court Decision No. 2016. The 20-Ga High Court Decision No. 20166. The 200-Ga High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si High-si.

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