Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2010Gudan27175 ( October 24, 2011)
Case Number of the previous trial
The early 2010 depth092
Title
Since it is not possible to have engaged in forestry, the transfer of forest trees shall be subject to the transfer income tax.
Summary
(The same as the judgment of the court of first instance) If the transfer of forest trees is not deemed to fall under the business of forestry, etc., the transfer income tax shall be imposed by considering the entire forest land as the transfer income tax, and there is no justifiable reason for additional tax reduction
Cases
2011Nu25205 Revocation of disposition of imposing capital gains tax
Plaintiff and appellant
IsaA
Defendant, Appellant
Head of the Do Tax Office
Judgment of the first instance court
Seoul Administrative Court Decision 2010Gudan27175 decided June 24, 2011
Conclusion of Pleadings
November 8, 2011
Imposition of Judgment
December 27, 2011
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. The defendant shall revoke the disposition of imposition of capital gains tax of KRW 199,276,970 against the plaintiff on February 4, 2010.
Reasons
The court's reasoning is the same as the part of the reasoning of the judgment of the court of first instance, and thus accepts it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. Thus, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed as it is so