Case Number of the immediately preceding lawsuit
Daejeon District Court 201Guhap3984, 012.16
Case Number of the previous trial
Cho High Court Decision 201Na0747 ( October 28, 2011)
Title
It is difficult to recognize that the forest trees are transferred as part of the project separately from forest land;
Summary
In light of the fact that the forest management plan is approved or the business registration is not made, and that the subject matter of sale is written only in the forest under the sales contract, etc., it is insufficient to recognize that the forest is operated as a forest and the forest is transferred as part of the project. Therefore, the forest is subject to the transfer income tax due to the transfer of the forest, since the forest is partially transferred.
Cases
2012Nu1158 Revocation of Disposition of Imposing capital gains tax
Plaintiff and appellant
XX
Defendant, Appellant
The Director of the National Tax Service
Judgment of the first instance court
Daejeon District Court Decision 201Guhap3984 Decided May 16, 2012
Conclusion of Pleadings
August 30, 2012
Imposition of Judgment
September 20, 2012
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked, and the imposition disposition of KRW 000 on December 1, 2010 against the plaintiff on December 1, 201 by the defendant shall be revoked.
Reasons
The reasoning of the court's explanation concerning this case is the same as that of the judgment of the court of first instance, and thus, it is citing this by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.