Busan High Court Decision 2011Nu3753 (Law No. 13, 2012)

Cho High Court Decision 201J 0976 ( October 28, 2011)

(C) No person may be eligible for reduction or exemption even if the sales contract is cancelled due to a cause attributable to the other party of acquisition of substitute farmland.

The strict interpretation of the requirements for reduction or exemption of capital gains tax can not be subject to reduction or exemption unless it satisfies the requirements for reduction or exemption prescribed by relevant Acts and subordinate statutes, even though the acquisition of substitute farmland in compliance with the principle of tax equity, but the sales contract is terminated due to the other party's fault.

Article 70 of the Restriction of Special Taxation Act

2012Du2795 Revocation of Disposition of Imposing capital gains tax

XX Kim

Head of Suwon Tax Office

Busan High Court Decision 2011Nu3753 Decided January 13, 2012

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final