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(영문) 대법원 2018. 08. 16. 선고 2018두42412 판결
(심리불속행)이 사건 부동산은 비사업용토지에 해당하므로 경정청구 거부처분은 적법함[국승]
Case Number of the immediately preceding lawsuit

Daegu High Court 2017Nu6168 (Law No. 13, 2018)

Title

(Trial without Trial) Since the real estate of this case constitutes non-business land, the rejection disposition of correction is legitimate.

Summary

The meaning of "1/2 or more of the self-working force" in the "main sentence of the self-defense" shall be interpreted as a grammatic interpretation, and it shall be deemed that one half or more of the self-defense work should be in charge of it directly or by hand, and it shall not be deemed that the meaning of "self-working force" includes either cultivation with the help of a family member living together with the same household or employment of another person under his/her responsibility and account.

Related statutes

Article 104-3 of the former Income Tax Act (Scope of Non-business Land)

Cases

2018Du42412

Plaintiff-Appellant

IsaA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

13, 2018.13

Imposition of Judgment

oly 2018.16

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 it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.

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