logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 대전고등법원 2013. 05. 30. 선고 2012누2380 판결
조경수를 납품시까지 일시적으로 식재・보관하는 가식장으로 사용하였으므로 농지에 해당하지 아니함[국승]
Case Number of the immediately preceding lawsuit

Daejeon District Court 201Guhap3694, 2012.19

Case Number of the previous trial

Cho Gyeong 2011 Jeon 1616, 2011)

Title

Since landscaped trees are used as a place for planting and storing temporarily until they are supplied, they do not constitute farmland.

Summary

(1) It is reasonable to deem that farmland was not farmland at the time of transfer, since it is merely a place for temporarily planting and storing land in the process of creating income from market gains by growing trees in another place and selling commercialized trees at a different place. It is difficult to view that there was no farmland at the time of transfer.

Cases

2012Nu2380 Revocation of Disposition of Imposing capital gains tax

Plaintiff and appellant

AAA

Defendant, Appellant

Daejeon Head of the District Tax Office

Judgment of the first instance court

Daejeon District Court Decision 201Guhap3694 Decided September 19, 2012

Conclusion of Pleadings

May 2, 2013

Imposition of Judgment

May 30, 2013

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The decision of the first instance is revoked. The defendant's rejection disposition of correction of KRW 000 won of the income tax payable to the plaintiff on January 15, 2011 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for this Court's explanation concerning this case is as follows: "OOO for the witness" of 4th 1st son in the first instance court's reasoning is as stated in the reasoning of the first instance court's judgment, except that it is "the rights and interests of witnesses in the first instance and the second instance court's trial"; and therefore, it shall be accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420

2. Conclusion

Therefore, the judgment of the first instance court is just, and the plaintiff's appeal of this case is dismissed as it is without merit, and it is so decided as per Disposition.

arrow