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(영문) 대법원 2018. 07. 27. 선고 2018두42924 판결
(심리불속행기각)이 사건 농지는 경작물조사확인서 등에 의하여 8년이상 자경농지 해당한다고 판단됨[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu64349 (Law No. 12, 2018)

Case Number of the previous trial

Cho High-2016-Seoul Government-3704 ( December 15, 2016)

Title

(C) The farmland in this case is deemed to be self-arable farmland for not less than 8 years according to the certificate of investigation of farmland in this case.

Summary

There are no circumstances and grounds to view that the certificate of the inspection of cultivated objects and the application for the issuance of self-certification of cultivation have been prepared differently from the fact, and it is confirmed that the land at issue was farmland due to aerial dust, so it is judged that the deceased was self-fluence

Related statutes

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

Cases

2018Du42924 Revocation of Disposition of Imposing capital gains tax

Plaintiff

United StatesA

Defendant

BB Director of the Tax Office

Imposition of Judgment

July 27, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by

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