Whether the farmland has been self-owned for at least eight years;

The Deceased, after acquiring January 20, 1965, was able to reside and cultivate the land at the location of the land for three years and nine months until he/she moved together with the Plaintiff, and did not meet the self-defense requirement for at least eight years.

Article 69 of the Restriction of Special Taxation Act (Reduction or Exemption of Transfer Income Tax for Self-Cultivating Farmland)

1. The plaintiff's claim is dismissed.

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

The defendant's disposition of imposition of capital gains tax of KRW 31,323,206 against the plaintiff on May 7, 2006 shall be revoked.

1. Circumstances of dispositions;

A. On January 20, 1965, the land of this case was transferred to ○○○○-dong 327-3 Do 327-3 Do 1,291 m2 (hereinafter referred to as “the land of this case”) on August 9, 1940 in the name of the Plaintiff’s father ○○○○○○ (hereinafter referred to as “the network”). The Plaintiff acquired the land of this case on October 22, 1985 and transferred it to the Defendant on January 26, 2006, and applied for reduction of capital gains tax pursuant to Article 69(1) of the Restriction of Special Taxation Act.

B. The Defendant rendered the instant disposition imposing capital gains tax of 31,323,206 to the Plaintiff on May 7, 2006, on the following grounds: (a) on October 20, 1968, the deceased and the Plaintiff did not meet the requirements for self-defense and residence for the land of this case after the deceased completed the registration of ownership transfer on January 20, 1965 with the Plaintiff on October 20, 1968.

facts without dispute (applicable to recognition), A2,8

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The land of this case was purchased on August 9, 1940 and cultivated directly at the time when the deceased moved to Seoul on October 20, 1968. However, the registration of the transfer of ownership due to the sale was made on January 20, 1965. Accordingly, the land of this case was owned by the deceased for not less than eight years after it was acquired on August 9, 1940, and constitutes the reduction or exemption of capital gains tax under Article 69(1) of the Restriction of Special Taxation Act, and thus, the disposition of this case, which excluded the application of the above reduction or exemption provisions, is unlawful.

(b) Related statutes;

Article 69 of the Restriction of Special Taxation Act (Abatement or Exemption of Transfer Income Tax on Self-Cultivating Farmland)

(1) With respect to the income accruing from the transfer of land prescribed by Presidential Decree among land which is subject to taxation of agricultural income tax (including those subject to non-taxation, reduction and exemption, and collection by small amount), which is cultivated directly by the resident prescribed by Presidential Decree residing in the location of such land for not less than eight years [including the cases of direct cultivation by omission of inside the boundary of subparagraph], the tax amount equivalent to 100/100

○ former Enforcement Decree of the Restriction of Special Taxation Act (amended by Presidential Decree No. 19329 of Feb. 9, 2006)

Article 66 (Abatement or Exemption of Transfer Income Tax for Self-Cultivating Farmland)

(1) The term “resident prescribed by the Presidential Decree who resides in the seat of any farmland” in the main sentence of Article 69 (1) of the Act means the person who has cultivated while residing in the area falling under any of the following subparagraphs for not less than eight years (including the area corresponding to the relevant area at the time of commencement of cultivation, but not corresponding thereto due to a reorganization of administrative districts):

1. The area within the Si/Gun/Gu (referring to an autonomous Gu; hereafter the same shall apply in this paragraph) where the farmland is located;

2. A Si/Gun/Gu area adjacent to an area referred to in subparagraph 1.

(4) The term “land as prescribed by the Presidential Decree” in the main sentence of Article 69 (1) of the Act means the farmland cultivated by oneself for not less than 8 years (not less than 8 years inside) between the time of acquisition and the time of transfer, excluding the farmland falling under any of the following subparagraphs. In this case, in calculating the period of farmland inherited, the period acquired and cultivated by an ancestor shall be deemed the period that the heir cultivates:

(5) The farmland subject to paragraph (4) shall be based on the farmland as of the date of transfer under Article 162 of the Enforcement Decree of the Income Tax Act.

○ Income Tax Act

Article 98 (Time of Transfer or Acquisition) In calculating gains on transfer of assets, the time of transfer and time of transfer shall be determined by Presidential Decree.

○ Enforcement Decree of the Income Tax

Article 162 (Time of Transfer or Acquisition)

(1) The time of acquisition and transfer under Article 98 of the Act shall be the date of liquidation of the price of relevant assets (not falling under any of the following subparagraphs), except in the following cases:

1. Where the date of the settlement of price is not clear, the date of registration, receipt of registration, or transfer date entered in the register, registry, list, etc.;

C. Determination

Article 69(1) of the Restriction of Special Taxation Act and Article 66 of the Enforcement Decree of the Restriction of Special Taxation Act of 8 years or more have been cultivated for 8 years or longer between the time when a person residing in a Si/Gun/Gu where the farmland is located or another person acquired the farmland from the time when he/she resided in an area within a Si/Gun/Gu where the farmland is located and transferred, and the date of transfer refers to the land which is farmland as of the date of transfer. If the transferor of farmland acquires farmland due to inheritance, the period acquired and cultivated by the predecessor shall be

Therefore, as to whether the deceased acquired the land of this case on or around August 9, 1940, it is difficult to recognize that the deceased paid or liquidated the purchase price of the land of this case to the seller around August 9, 1940, and there is no other evidence to confirm that the time when the time when the deceased paid the purchase price of this case was confirmed, the time when the deceased acquired the land of this case shall be the time of acquisition, and Article 162(1)1 of the Enforcement Decree of the Restriction of Special Taxation Act shall be deemed to be the date of receipt and completion of the above transfer registration under the deceased’s name, and the reason for registration of ownership transfer under the deceased’s name shall be the sale on or around August 9, 1940. Therefore, since the deceased acquired the land of this case at the location of the deceased on or around August 19, 196, the Plaintiff was entitled to the reduction and exemption of the transfer income tax of this case from the Plaintiff and the Plaintiff on January 20, 1965.

3. Conclusion

Thus, the plaintiff's claim seeking the cancellation of the disposition of this case cannot be accepted, and it is dismissed.