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(영문) 광주고등법원 2012. 04. 30. 선고 2011누1363 판결
개정전 법령에 따라 전전 피상속인의 경작기간도 상속인의 경작기간에 합산함[국패]
Case Number of the immediately preceding lawsuit

Jeonju District Court 201Guhap1679 ( November 22, 2011)

Case Number of the previous trial

early 2011 Gwangju 1030 (Law No. 18, 2011)

Title

The cultivation period of the predecessor before the amendment shall also be added to the cultivation period of the heir under the Acts and subordinate statutes before the amendment.

Summary

(1) According to the Restriction of Special Taxation Act prior to the amendment, in calculating the cultivation period of farmland, the provision adding up the cultivation period of a decedent shall not apply only between the transferor and the immediately preceding decedent, but also be applied between the immediately preceding decedent and the predecessor.

Related statutes

Article 69 of the Restriction of Special Taxation Act

Article 66 of the Enforcement Decree of the Restriction of Special Taxation

Cases

(B) The revocation of revocation of the request for capital gains tax correction

Plaintiff, Appellant

XX

Defendant, appellant and appellant

Head of the Jeonju Tax Office

Judgment of the first instance court

Jeonju District Court Decision 201Guhap1679 Decided November 22, 2011

Conclusion of Pleadings

April 16, 2012

Imposition of Judgment

April 30, 2012

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The defendant's refusal to correct the transfer income tax for the year 2009 against the plaintiff on December 22, 2010 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

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.

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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