Seoul High Court 2013Nu21306 ( March 27, 2014)

Seocho 2012west 1491 (Law No. 126, 2012)

It shall not be deemed that the land has been self-satisfed for at least eight years, and it shall not be deemed that the sales contract has been terminated.

There is no evidence to acknowledge that the Plaintiff and the Plaintiff’s biological mother jointly owned and cultivated the instant land, and if the sales contract was terminated by agreement, it would lose its validity and not transfer its assets, but it is difficult to recognize that the instant sales contract was terminated by agreement.

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

2014Du9264 Revocation of Disposition of Imposing capital gains tax

KimA

Head of Geumcheon Tax Office

Seoul High Court Decision 2013Nu21306 Decided May 27, 2014

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.