Case Number of the immediately preceding lawsuit
Seoul High Court-2018-Nu-40838 (2018.03)
Title
(ps) No one-time development of forest land to sell it in succession shall be deemed that real estate sales business or real estate development business is conducted.
Summary
(1) The summary of the instant land development activities is deemed to have been conducted a single-time, and does not affect the alteration of the form and quality in the entire forest or part of the said forest land that was transferred in 2013, and thus does not constitute an act of real estate development as an industrial activity that substantially expands the value of the said forest land.
Related statutes
Article 97 of the Income Tax Act / Article 163 of the Enforcement Decree of Income Tax Act
Cases
2018du52105 Demanding revocation of a request for capital gains tax rectification
Plaintiff-Appellant
Park*
Defendant-Appellee
O Head of tax office
Judgment of the lower court
July 3, 2018
Imposition of Judgment
November 15, 2018
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of