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(영문) 서울고등법원 2010. 09. 10. 선고 2010누2557 판결
임야를 비사업용토지로 본 처분의 당부[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2009Guhap36897 ( December 04, 2009)

Case Number of the previous trial

Review Corporation 2009-0019 (2009.06.09)

Title

Appropriateness of the disposition of forest land as non-business land

Summary

It is alleged that forest land was acquired in order to operate the real estate sales business, but there is no data on the situation that forest land should be acquired without fail, so this disposition as land for non-business use is legitimate

The decision

The contents of the decision shall be the same as attached.

Plaintiff and appellant

○○○ Corporation

Defendant, Appellant

Samsung Head of Samsung Tax Office

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 judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of 2,300,883,560 won of corporate tax for the year 2007 against the plaintiff on October 1, 2008.

Reasons

The reasoning for the court's explanation concerning this case is as stated in the part of the reasons for the judgment of the court of first instance, except where "each of the lands of this case" is "each of the lands of this case" as "each of the forests of this case". Thus, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

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

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