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(영문) 대법원 2015. 09. 01. 선고 2014두41777 판결
(심리불속행) 청원경찰로 근무하였던 원고가 자기 노동력의 2분의 1이상을 투입하여 자경하였다고 보기는 어려움[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu65310 (Seoul High Court 2015.08.31)

Case Number of the previous trial

2013 middle 3617

Title

(C) It is difficult to deem that the Plaintiff, who had worked as a police assigned for special guard, has carried one half or more of his own labor force and has self-employed it.

Summary

(1) It is difficult to deem that the Plaintiff had been engaged in growing crops in the farmland of this case for more than three consecutive years retroactively from the date of donation of the farmland of this case, and that the Plaintiff had cultivated or cultivated not less than 1/2 of the farming work with its own labor.

Related statutes

Article 71 of the Restriction of Special Taxation Act shall reduce or exempt gift tax on farmland, etc. donated to farming children.

Cases

2015Du41777 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

NewA

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2014Nu65310 Decided April 8, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

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