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(영문) 대법원 2018. 06. 28. 선고 2018두42078 판결
(심리불속행) 이 사건 토지는 법령에 따라 사용이 금지 또는 제한된 토지로 볼 수 없으므로 비사업용토지라고 본 이 사건 처분은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-81030 (2018.06)

Title

(C) The disposition of this case is legitimate since the land of this case cannot be deemed land prohibited or restricted from use pursuant to laws and regulations.

Summary

(As stated in the first instance judgment, the use of the public register shall not be deemed to have been prohibited or restricted pursuant to the relevant statutes, considering the following: (a) the public record does not prohibit or restrict the possibility of use of farmland as farmland; (b) the National Land Planning and Utilization Act or the Housing Act does not explicitly prohibit or restrict the possibility of use as farmland; and

Related statutes

Article 104-3 of the Income Tax Act and Article 168-14 of the Enforcement Decree of the Income Tax Act

Cases

2018Du42078 The revocation of disposition to correct and impose capital gains tax, etc.

Plaintiff-Appellant

AA

Defendant-Appellee

The Director of the Z Tax Office

Judgment of the lower court

Seoul High Court Decision 2017Nu81030 Decided April 6, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

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 provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. The appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided as per Disposition

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