Case Number of the immediately preceding lawsuit
Seoul Administrative Court 201Gudan27608 ( October 27, 2012)
Case Number of the previous trial
early 201st century0230 (Law No. 1118.09)
Title
It is difficult to recognize land as being valuable for not less than eight years;
Summary
In light of the fact that there was another occupation requiring regular management during the retention period of the land, the cultivation of the land appears to have been conducted by a third party, and the right to receive agricultural loss compensation and agricultural product compensation has become final and conclusive, it is difficult to deem that the requirements for reduction or exemption of capital gains tax are met, in view of the fact that the relevant judgment has become final and conclusive.
Cases
2012Nu22036 Revocation of disposition of imposing capital gains tax
Plaintiff and appellant
XX Kim
Defendant, Appellant
The Director of the Pacific District Office
Judgment of the first instance court
Seoul Administrative Court Decision 2011Gudan27608 decided June 27, 2012
Conclusion of Pleadings
November 22, 2012
Imposition of Judgment
December 6, 2012
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 imposition of capital gains tax of KRW 000 on September 1, 2010 rendered by the Defendant to the Plaintiff on September 1, 201 shall be revoked.
Reasons
The reasons for the judgment of the first instance are reasonable. Thus, the court of first instance cited the "4.4.4. 2006.4. 2. 2006." of the first instance court's 3th 11 as "2.2. 206.", "the court of first instance is currently in progress" of the 20th 20th 4th 18 as "the court of first instance became final and conclusive by dismissing the plaintiff's claim", and "the court of first instance has dismissed the plaintiff's claim" of the 4th 18th 4th 18th 4th 4th 4th 4th 4th 4th 196
Therefore, the plaintiff's appeal is dismissed for lack of reason.