1. Revocation of a judgment of the first instance;

2. Each transfer income tax assessment that the Defendant rendered to the Plaintiffs on March 9, 2016.

Details of the disposition

A. The Plaintiffs, as married couple, completed the registration of ownership transfer with respect to 1/2 of their respective shares out of the K-si Kim Jong-si on February 10, 2003.

After that, on November 5, 2010, the previous farmland was divided into 1,540 square meters in Kimhae-si, Kimhae-si (hereinafter “the previous farmland”), and the Plaintiffs transferred the previous farmland to the Plaintiffs on May 30, 201 due to the acquisition by consultation as of May 29, 201 at the time of Kimhae-si.

B. On July 4, 2011, the Plaintiffs acquired 1/2 shares of each of the 890 square meters (hereinafter “instant land”). After reporting the transfer income tax for the transfer of the previous farmland in this case to the Defendant under Article 70(1) of the former Restriction of Special Taxation Act (amended by Act No. 111133, Jan. 1, 201; hereinafter the same), the Plaintiffs applied for reduction or exemption pursuant to Article 70(1) of the former Restriction of Special Taxation Act (amended by Act No. 111133, Jan. 1, 2011; hereinafter the same) and received full reduction or exemption.

C. As a result of an on-site investigation conducted around December 2015, the Defendant determined that the Plaintiffs did not own the instant land for at least three years, and notified the Plaintiffs to pay each transfer income tax (including additional payment for arrears) by denying the reduction or exemption of transfer income tax due to farmland substitute land on March 9, 2016.

(hereinafter “instant disposition”) D.

The Plaintiffs were dissatisfied with the instant disposition and filed an appeal with the Tax Tribunal on May 20, 2016, but the appeal was dismissed on August 31, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 11, Eul evidence 1 (including each number), and whether the disposition of whole pleadings is legitimate

A. Since the plaintiffs asserted that the land of this case was acquired for more than three years, the income from the transfer of the previous farmland of this case constitutes reduction or exemption of capital gains tax due to farmland substitute land under Article 70(1) of the former Restriction of Special Taxation Act.

(b) as shown in the attached Form of the relevant statutes;

C. Determination is based on Article 70(1) of the former Restriction of Special Taxation Act and the former Restriction of Special Taxation Act.