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(영문) 대법원 2016. 10. 13. 선고 2016두45349 판결
(심리불속행)농작업의 2분의 1 이상을 자기의 노동력에 의해 경작하였다고 보기 어려움[국승]
Case Number of the immediately preceding lawsuit

Gwangju High Court ( Jeju)-2015-Nu-464 (Law No. 22, 2016)

Case Number of the previous trial

Cho-2014-Divisions-1204 (2014.06.10)

Title

(C) It is difficult to deem that one half or more of the farming works have been cultivated by using one’s own labor.

Summary

(1)It is difficult to see that one half or more of the farming operations have been cultivated by one-half or more with his own labor, focusing on other occupations.

Related statutes

Article 69 of the Restriction of Special Taxation Act: Reduction, exemption, etc. of capital gains tax for self-farmland

Cases

Supreme Court Decision 2016Du45349 Decided capital gains tax

Plaintiff-Appellee

KimAA 2

Defendant-Appellant

O Head of tax office

Judgment of the lower court

Gwangju High Court Decision 2015Nu464 Decided June 22, 2016

Imposition of Judgment

October 13, 2016

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, all appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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