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(영문) 대법원 2013. 06. 27. 선고 2013두5425 판결
토지를 명의신탁 받거나 8년 이상 직접 경작한 것으로 인정할 수 없음 [국승]
Case Number of the immediately preceding lawsuit

Seoul High Court (Chuncheon) 2012Nu1070 (Law No. 05, 2013)

Case Number of the previous trial

early 2012 Heavy0147 ( October 14, 2012)

Title

No land may be deemed as nominal trust or directly cultivated for at least eight years;

Summary

(ps) There is no evidence to prove that the land was trusted by a clan, and it can be recognized that the fact that a third party raises or uses a farming house in the land in return for the management of a mountain village after the acquisition of the land is recognized, so it shall not be deemed that the land was cultivated directly for at least eight years.

Cases

2013Du5425 Revocation of Disposition of Imposing capital gains tax

Plaintiff

NewA

Defendant

Chuncheon Director of the Tax Office

Judgment of the lower court

Seoul High Court (Chuncheon) Decision 2012Nu1070 Decided February 5, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

While examining the judgment below in light of the records of this case, and the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning the Elimination of Final Appeal, it is recognized that the appeal is dismissed pursuant to Article 5 of the above Act, and it is so decided as per Disposition by the assent

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