Case Number of the immediately preceding lawsuit
Seoul High Court 2013Nu8167 ( December 29, 2013)
Case Number of the previous trial
early 201 Heavy 5102 ( October 16, 2012)
Title
land at the time of its transfer shall not be deemed to have been used as farmland or to have been in a temporary absence;
Summary
In light of the fact that land was used as a site of a building or a site of waste materials, etc., it cannot be deemed that land was used as a site of a building, and that there was a temporary absence, and that there was a person who has no farming event at the time of the declaration of transfer income tax, it is difficult to view that the transferred land constitutes a self-arable farmland even if it was assessed as
Related statutes
Income Tax Act
Cases
Supreme Court Decision 2013Du20967 ( October 24, 2018)
Plaintiff-Appellant
UN*
Defendant-Appellee
○ Head of tax office
Judgment of the lower court
Seoul High Court Decision 2013Nu8167 Decided 29, 2013
Imposition of Judgment
201.24
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent