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(영문) 대법원 2016. 02. 19. 선고 2015두56274 판결
농지를 8년 이상 직접 경작하지 아니하였고, 비사업용토지에 해당하므로 양도소득세 감면신고 및 장기보유특별공제를 부인한 처분은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-51158 ( October 20, 2015)

Title

Since farmland has not been cultivated directly for not less than 8 years, the disposition denying the return of reduction or exemption of capital gains tax and the special deduction for long-term holding is legitimate.

Summary

(2) As a result of a field investigation on farmland, it cannot be recognized that farmland was cultivated directly for more than 8 years as a result of a field investigation on farmland, and a disposition denying a return of capital gains tax reduction or exemption and a special deduction for long-term possession is legitimate because it falls under a land

Related statutes

Article 69 of the Restriction of Special Taxation Act: Reduction or exemption of transfer income tax for self-farmland

Cases

2015Du56274 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

OO

Defendant-Appellee

Head of Ansan Tax Office

Judgment of the lower court

Seoul High Court 2015Nu51158

Imposition of Judgment

2016.02.18

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 argument on the grounds of appeal by the appellant is 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 it is recognized that there are no grounds for appeal. Thus, the appeal is dismissed pursuant to Article 5 of

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