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(영문) 대법원 2016. 08. 18. 선고 2016두40528 판결
환지예정지 지정 전에 토지조성공사 시행으로 경작하지 못한 토지에 대한 농지여부 판정일이 토지조성공사 착수일인지 여부[국승]
Case Number of the immediately preceding lawsuit

Daegu High Court 2015Nu6997 ( October 13, 2016)

Title

Whether the date of determining whether farmland has not been cultivated by the implementation of the land creation project before the designation of the land scheduled for substitution is the commencement date of the land creation project.

Summary

Since the date of determining whether farmland has been cultivated by the implementation of the land development project before the designation of the land scheduled for substitution is the date of transfer, the land of this case which is not farmland at the time of transfer shall not be subject to reduction or exemption for eight years

Dismissal of Disorder in Trial

Related statutes

Article 69 of the Restriction of Special Taxation Act

Cases

2016Du40528 Revocation of Disposition of Levying Transfer Income Tax

Plaintiff-Appellant

AA

Defendant-Appellee

BB Head of the Tax Office

Judgment of the lower court

Daegu High Court Decision 2015Nu6997 Decided May 13, 2016

Imposition of Judgment

August 18, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

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.

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