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Case Number of the immediately preceding lawsuit
Seoul High Court 2013Nu1517 ( October 02, 2013)
Title
No capital gains tax exemption requirement by farmland substitute land shall be applicable.
Summary
Even though it is required to reside in the large land for not less than 3 years, there is no ground to deem that this case had been residing and self-employed for not less than 3 years.
Related statutes
Article 89 subparagraph 4 of the former Income Tax Act
Cases
2013Du23218 Revocation of Disposition of Imposing capital gains tax
Plaintiff-Appellant
KimA
Defendant-Appellee
The Director of Gangnam District Office
Judgment of the lower court
Seoul High Court Decision 2013Nu1517 Decided October 2, 2013
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition