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(영문) 서울고등법원 2012. 12. 13. 선고 2012누15199 판결

농업을 간접적으로 경영하는 것에 불과하여 영농자녀에 해당한다고 볼 수 없음[국승]

Case Number of the immediately preceding lawsuit

Suwon District Court 201Mo10387 (27 April 27, 2012)

Case Number of the previous trial

early 2010 Heavy3089 ( October 18, 2011)

Title

Since it is an indirect management of agriculture, it cannot be viewed as a farming child.

Summary

(As in the judgment of the first instance court) If an indirect management of agriculture is conducted with a focus on another occupation, it shall not be deemed to be a farming child, and it shall not be deemed to be a farming child, and after the expiration of at least one year from the donation of farmland, the farmland ledger shall be admitted as an associate member of the agricultural cooperative, and the farmland ledger shall

Cases

2012Nu15199 Revocation of Disposition of Imposition of Gift Tax

Plaintiff and appellant

Shin XX

Defendant, Appellant

Head of Sungnam Tax Office

Judgment of the first instance court

Suwon District Court Decision 201Guhap10387 Decided April 27, 2012

Conclusion of Pleadings

November 15, 2012

Imposition of Judgment

December 13, 2012

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of KRW 000 on June 15, 2010 against the plaintiff on June 15, 201.

Reasons

The reason for the judgment of the first instance is reasonable, and therefore, it is cited as the reason for this judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil

The plaintiff's appeal is dismissed for lack of reason.