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(영문) 서울고등법원 2016. 05. 10. 선고 2015누60398 판결
8년이상 직접 경작한 것으로 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court-2015-Gu Group-31224 (205.09)

Title

No person shall be deemed to have cultivated directly for more than 8 years.

Summary

It is insufficient to recognize that the land in this case is engaged in cultivating crops on a regular basis or directly cultivating at least 1/2 of the farming works with his own labor, and thus the initial disposition is lawful.

Related statutes

Article 69 of the Restriction of Special Taxation Act (Abatement or Exemption of Transfer Income Tax for Self-Cultivating Farmland)

Cases

2015Nu60398 Revocation of Disposition of Imposing capital gains tax

Plaintiff

AA

Defendant

BB Director of the Tax Office

Imposition of Judgment

May 10, 2016

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The imposition of capital gains tax of KRW 194,092,850 on August 11, 2014 by the defendant against the plaintiff on August 11, 2014 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The court's explanation of this case is the same as the statement of the reasons for the judgment of the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

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