Case Number of the immediately preceding lawsuit
Seoul High Court 2015Nu47029 ( October 21, 2015)
Title
If any transfer income tax is to be reduced or exempted, it shall be farmland as of the date of transfer.
Summary
The burden of proving that the land is farmland at the time of transfer is farmland is farmland at the time of transfer is the plaintiff, who is the legal person claiming exemption from the transfer income tax, but the land at the time of transfer is not used as farmland
Related statutes
Article 69 of the Restriction of Special Taxation Act for Self-Cultivating Farmland
Cases
2015du5656 The revocation of disposition to impose capital gains tax.
Plaintiff-Appellant
Hyo
Defendant-Appellee
○ Head of tax office
Judgment of the lower court
Seoul High Court Decision 2015Nu47029 Decided October 21, 2015
Imposition of Judgment
February 25, 2016
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 it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by