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.