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(영문) 부산고등법원 2018. 10. 24. 선고 2018누21187 판결
제1심판결 인용(8년 동안 이 사건 토지를 자경하였음을 인정할 수 없음)[국승]
Case Number of the immediately preceding lawsuit

Ulsan District Court 2017-Guhap6703 (O. 29, 2018)

Judgment of the first instance court

Quotations (not recognized that the land of this case was self-brupted for 8 years)

Summary

In accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, the court of first instance shall cite a judgment (no sufficient evidence exists as to the fact that the plaintiff has satisfed the land in

Cases

2018Nu21187 Revocation of Disposition of Imposing capital gains tax

Plaintiff and appellant

United Kingdom A

Defendant, Appellant

OO Head of the tax office

Judgment of the first instance court

Ulsan District Court 2017Guhap6703

Conclusion of Pleadings

September 5, 2018

Imposition of Judgment

October 24, 2018

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 court shall be revoked. The defendant's disposition of imposition of capital gains tax for the plaintiff on July 1, 2016 shall be revoked: XX, capital gains tax for the plaintiff on July 1, 2015.

Reasons

1. Quotation of judgment of the first instance;

The reasons for the statement concerning this case are as follows: ① 4.2) 5 of the judgment of the court of first instance " alone with the facts recognized earlier and the testimony of ParkB by witnesses of this court"; ② 6. "Time" is as stated in the judgment of the court of first instance except that "the time for the last 6............... (i) from August 2009 to January 2016, 2016 (the details of sales by each trader)" is "the sales from August 8, 2009 to January 20, 2016, and even if the plaintiff's home care was done by himself, from August 2009 to December 20, 2015, from the date of transfer of the land of this case, it is recognized only 6 years and 00,000O)."

2. Conclusion

Therefore, the judgment of the first instance court 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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