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(영문) 대전고등법원 2012. 09. 20. 선고 2012누1158 판결
임목이 임야와 별도로 사업의 일환으로 양도된 것으로 인정하기 어려움[국승]
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.

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