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(영문) 대법원 2014. 02. 13. 선고 2013두24112 판결
양도토지를 8년 이상 자경한 것으로 인정하기 어려움[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu4189 ( October 02, 2013)

Title

It is difficult to recognize the transferred land as being a minor one for not less than eight years.

Summary

In light of the fact that various enterprises have been operated during the period of farmland holding (psyching) and the customers have been on a national scale, the details and frequency of the purchase of agricultural materials is very low compared to the area of farmland claimed to have been cultivated, and the response to the purport that neighboring residents were a farmer at the time of the local verification by the tax authorities, it is difficult to recognize that they have been self-employed for more than eight years.

Cases

2013Du2412 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

Park AA

Defendant-Appellee

The director of the tax office

Judgment of the lower court

Seoul High Court Decision 2013Nu4189 Decided October 2, 2013

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 the appellant’s grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided

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