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(영문) 대법원 2009. 04. 23. 선고 2009두3361 판결
8년 이상 재촌요건을 충족하지 못한 것으로 보아 감면을 배제한 처분의 당부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu24271 (Law No. 16, 2008)

Case Number of the previous trial

Incheon District Court 2008Gudan430 (No. 25, 2008)

Title

Appropriateness of the disposition that excluded the tax reduction or exemption by deeming it to meet the requirements for re-villages for at least eight years;

Summary

In light of the fact that it appears that the plaintiff had resided in a container stuff but did not use a small amount of electricity or any other power, it is difficult to see that the plaintiff actually re-established the period that the plaintiff had resided in Seoul with his resident registration.

The decision

The contents of the decision shall be the same as attached.

Related statutes

Article 69 (Abatement or Exemption of Transfer Income Tax for Self-Cultivating Farmland)

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating

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