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(영문) 대구고등법원 2018. 01. 26. 선고 2017누6908 판결
이 사건 토지는 잡종지 및 농지로 보유한 기간 모두 비사업용 토지에 해당함[국승]
Case Number of the immediately preceding lawsuit

Daegu District Court-2017-Gu Partnership-680 (2017.06)

Case Number of the previous trial

Cho-2016-Gu-2860 ( December 05, 2016)

Title

The land in this case constitutes land for non-business use for all the period of possession as miscellaneous land and farmland.

Summary

The land in this case constitutes land for non-business use both of the miscellaneous land and the period of possession as farmland, and thus, the special deduction for long-term possession cannot be applied.

Related statutes

Article 104-3 of the Enforcement Decree

Cases

Daegu High Court-2017-Nu-6908

Plaintiff

○ ○

Defendant

○ Head of tax office

Conclusion of Pleadings

. 12, 2018

Imposition of Judgment

201.01.26

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance is revoked. The defendant's transfer income tax of 8,000,000,000 against the plaintiff on March 21, 2016.

The disposition of the Board shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of the judgment of the court in this case is "928,869 won for the second instance court's decision".

Article 169-8(2) of the Enforcement Decree of the Income Tax Act, which is 9,28,698 won, the third 18th 'the Enforcement Decree of the Income Tax Act'

In addition to Article 168-8(2) of the Enforcement Decree, Article 8(2) of the Administrative Litigation Act, Article 8(2) of the Civil Procedure Act, and Article 8(2) of the Administrative Litigation Act, since the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance.

It shall be quoted as it is pursuant to the main sentence of Article 420.

2. Conclusion

Then, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is this.

As the conclusion is the same, the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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