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(영문) 대법원 2017. 10. 26. 선고 2017두50249 판결
(심리불속행)과세특례 적용대상인 비사업용 토지의 범위[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-80276 ( March 31, 2017)

Title

(B) The scope of land for non-business subject to special taxation;

Summary

Since the scope of land for non-business is determined by Article 55-2 (2) of the Corporate Tax Act, forest land constitutes land for non-business in principle, and cases that can be excluded from land for non-business are not established by Ordinance of the Ministry of Strategy and Finance, it cannot be deemed unconstitutional legislative omission.

Related statutes

Article 55-2 of the Corporate Tax Act

Cases

2017Du50249 Revocation of Disposition of Corporate Tax Imposition

Plaintiff-Appellant

-Appellee

AANuuri Co., Ltd.

Defendant-Appellee

-Appellant

Samsung Head of Samsung Tax Office

The third instance decision

National Rotations

Imposition of Judgment

October 26, 2017

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 the Procedure for Appeal. Therefore, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by

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