Case Number of the immediately preceding lawsuit
Seoul High Court-2018-Nu71788 (2019.05.02)
Case Number of the previous trial
Cho Jae-2017-China-0459 ( April 20, 2017)
Title
(C) Whether capital gains tax reduction or exemption is applicable to farmland for self-governing cultivation in 8 years;
Summary
(1) It is not sufficient to recognize that the plaintiff resided in the farmland of this case for not less than eight years and engages in the agriculture at all times, or has invested not less than one half of the farming work, and there is no other evidence to acknowledge it.
Related statutes
Article 69(1) of the Restriction of Special Taxation Act
Cases
2019Du41300 Revocation of Disposition of Imposing capital gains tax
Plaintiff-Appellee
United StatesA
Defendant-Appellant
a) the Director of the Tax Office
Judgment of the lower court
Seoul High Court Decision 2018Nu71788 Decided May 2, 2019
Imposition of Judgment
August 14, 2019
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 allegation of the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and
The appeal is dismissed in accordance with Article 5 of the Act. It is so decided as per Disposition by the assent of all participating Justices.
The decision shall be rendered as above.