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(영문) 대법원 2016. 02. 25. 선고 2015두56656 판결
(심리불속행)양도소득세 감면 대상이려면 양도일 현재 농지이어야 함(국승)[국승]
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

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