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(영문) 대법원 2017. 11. 23. 선고 2017두58250 판결
(심리불속행) 토지 지상의 수목에 대해 육림업에 이를 정도로 육림이 이뤄진 것이 아니므로 수목 양도로 인한 소득이 산림소득이 아니고 양도소득임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2016Nu81606 (Law No. 11, 2017.07)

Title

(C) The income from the transfer of trees is not a forest income, but a transfer income is not a forest income, since the forest has not been raised to the trees on the ground of the land.

Summary

Even if the trees on the ground is at least five years of afforestation, the income from the transfer of trees shall not be considered as capital gains, not income from the transfer of trees, but from the transfer of trees, because the forest growing is not growing to the extent that it is growing.

Cases

2017Du58250 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

IsaA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

July 11, 2017

Imposition of Judgment

November 23, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.

Since the assertion on the procedure of a trial is clearly justified because it falls under Article 4 of the Act on Special Cases Concerning Procedure for Trial, etc.

The appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.

It is so decided as per sentence.

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