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(영문) 대법원 2016. 10. 27. 선고 2016두49198 판결
(심리불속행) 8년 이상 자경하였는지와 쟁점 토지가 농지인지 여부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2016Nu30479 ( August 17, 2016)

Title

(C) Whether the land at issue is farmland for at least eight years and whether the land at issue is farmland

Summary

It is insufficient to recognize that he had been engaged in the cultivation of crops for not less than 8 years or had cultivated directly by cultivating not less than 1/2 of the farming work with his own labor, and it is reasonable to deem that the real area is a house under the Income Tax Act as a building actually being used for residence in spite of the area and purpose in the public register.

Cases

2016Du49198 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

Dog Dog

Defendant-Appellee

OO Head of the tax office

Judgment of the lower court

Seoul High Court Decision 2016Nu30479 Decided 17, 2016

Imposition of Judgment

October 27, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of

October 27, 2016

Judges

Justices Park Sang-ok

Judges

Justices Lee Sang-hoon

Justices Kim Chang-suk

Judges

Justices Jo Hee-de

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