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