Seoul High Court 2011Nu19651 ( November 15, 2011)

National Tax Service Review and Transfer 2010-0310 ( December 29, 2010)

A stable site cannot be interpreted as falling under the farmland subject to reduction or exemption of capital gains tax.

Even if a stable site is recognized in the Farmland Act as farmland, so long as a stable site is not included in the scope of farmland in the Enforcement Rule of the Restriction of Special Taxation Act that prescribes the scope of farmland subject to capital gains tax reduction or exemption, the site of a stable cannot be deemed as farmland subject to capital gains tax reduction or exemption in light of the principle of strict interpretation

Special Cases of Taxation

2011Du3116 Revocation of Disposition of Reduction or Correction of Capital Gains Tax

IsaA

Head of the High Tax Office

Seoul High Court Decision 2011Nu19651 Decided November 15, 201

June 28, 2012

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records and relevant legal principles, it is proper that the court below determined that the land of this case does not constitute "farmland subject to reduction or exemption from capital gains tax under Article 69 of the former Restriction of Special Taxation Act (amended by Act No. 9921, Jan. 1, 2010) as a site for stable, and there is no error in the misapprehension of legal principles as to "farmland subject to reduction or exemption from capital gains tax" as alleged in the grounds of appeal, and there is no error in the misapprehension of legal principles as to "farmland subject to reduction or exemption from capital gains tax", non-exercise of right to name, incomplete deliberation, and violation of the rules of evidence. The Supreme Court ruling cited in the grounds