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(영문) 대법원 2009. 08. 27. 선고 2009두10024 판결

8년 자경 농지에 대한 양도소득세 감면 해당여부[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu31361 (209.06.02)

Title

Whether capital gains tax shall be reduced or exempted for self-employed farmland for eight years;

Summary

In accordance with the factual basis, it is reasonable to view that the plaintiff also 8 years old if the fact that the representative director of a nominal corporation was entered and there was a real manager, and that there was a separate owner of farmland was reduced or exempted on the sole basis of 8 years old.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is 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, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition