logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018. 02. 13. 선고 2017두68424 판결
(심리불속행) 소득세법 시행규칙 제83조의5 제1항 제12호가 정한 ‘정당한 사유로 사업에 사용하지 아니하는 토지’의 판단기준[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-42752 (Law No. 27, 2017)

Case Number of the previous trial

Cho High-2015-Seoul Government-505 (2016.05.02)

Title

(ps) Criteria for determining "land not used for business for justifiable reasons" under Article 83-5 (1) 12 of the Enforcement Rule of the Income Tax Act.

Summary

(C) The Majority Opinion argues that the Plaintiff’s efforts to engage in development activities on the instant land can be deemed as one of the symbolic marks, based on whether the Plaintiff’s efforts to engage in development activities on the instant land is limited to the use according to the purpose of use, taking into account the current status, grounds for acquisition,

Related statutes

Article 95 of the Income Tax Act (Transfer Income Amount)

Cases

2017Nu42752 Revocation of disposition of imposing capital gains tax

Plaintiff and appellant

AA

Defendant, Appellant

BB Director of the Tax Office

Judgment of the first instance court

Seoul High Court Decision 2017Nu42752 Decided September 27, 2017

Imposition of Judgment

Supreme Court Decision 2017Du68424 Decided February 13, 2018

Text

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

arrow