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(영문) 서울고등법원 2011. 12. 27. 선고 2011누25205 판결
임업을 영위하였다고 할 수 없어 임목양도는 양도소득세 과세대상임[국승]
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

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