logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 서울고등법원 2018. 11. 30. 선고 2018누57249 판결
영농상속공제를 받기 위해서는 피상속인과 영농상속인이 상속개시일 2년 전부터 계속하여 직접 영농에 종사하여야 함[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court-2017-Guhap-69565 (2018.07.04)

Case Number of the previous trial

Cho Jae-2017-China-312 (Law No. 17, 2017)

Title

In order to obtain the farming inheritance deduction, the decedent and the farming successor should continue to engage directly in farming for more than two years before the commencement date of the inheritance.

Summary

(The same as the judgment of the first instance court) In order to obtain the farming inheritance deduction, the decedent and the farming successor should continue to engage directly in farming for more than two years before the date on which the inheritance commences, which must be proved positively by the heir.

Related statutes

Article 18 of the Inheritance Tax and Gift Tax Act; Article 16 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act

Cases

2018Nu57249 Revocation of Disposition of Imposing Inheritance Tax

Plaintiff and appellant

○ ○

Defendant, Appellant

○ Head of tax office

Judgment of the first instance court

Suwon District Court Decision 2017Guhap69565 Decided July 4, 2018

Conclusion of Pleadings

October 12, 2018

Imposition of Judgment

November 30, 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 judgment of the first instance shall be revoked. On December 3, 2015, the imposition of KRW 329,357,150 (including additional tax) against the plaintiff shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reason for this decision is the same as the reason for the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow