logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017. 11. 29. 선고 2017두57523 판결
(심리불속행) 비영리내국법인인 원고에게 자경농지감면 규정을 적용할 수 없고, 농지를 고유목적사업에 직접 사용하였다고 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-78693 ( October 25, 2017)

Title

(C) The Plaintiff, a non-profit domestic corporation, is not eligible for the application of the regulations on self-employed farmland reduction and exemption, and it shall not be deemed that farmland was used directly for its proper purpose

Summary

(Main) The application of Article 92 of the Income Tax Act to the tax base return on the transfer income of assets of a non-profit domestic corporation is to simplify tax payment procedures and induce early bona fide return, and such corporate tax does not constitute capital gains tax imposed on an individual, and the reduction or exemption of self-farmland is not applicable only to an individual.

Related statutes

Article 69 of the Restriction of Special Taxation Act, Article 62-2 of the Corporate Tax Act

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 the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

arrow