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(영문) 대법원 2017. 09. 21. 선고 2017두46424 판결
이 사건 토지를 직접 경작한 사실을 인정하기에 부족하여 양도소득세 감면 요건을 갖추지 못함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu32649 (2017.05.02)

Case Number of the previous trial

Cho High-2015-Seoul Government-1909 ( July 22, 2015)

Title

As it is insufficient to recognize the fact that the instant land was cultivated directly, it does not meet the requirements for capital gains tax reduction or exemption.

Summary

In the vicinity of the instant land, it is insufficient to recognize the fact that the instant land was cultivated directly by the labor force by residing in the vicinity of the instant land at all times in the cultivation of crops or by cultivating not less than 1/2 of the farming work with the labor force. Therefore, it does not meet the requirements

Related statutes

Article 69(1) of the former Restriction of Special Taxation Act

Cases

2017Du46424

Plaintiff

westO

Defendant

OO Head of the tax office

Imposition of Judgment

September 21, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 the Procedure for Appeal. Therefore, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by

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