Seoul High Court 2016Nu56006 ( October 10, 2017)

Whether it falls under non-business land

In determining whether to grant a special long-term holding deduction of the former Income Tax Act, the land actually used for cultivation without relation to the land category of the land shall be deemed farmland, and since the land of this case can be recognized that it is the land mainly used for cultivation, the land of this case constitutes the land for non-business use.

Article 104-3 of the Income Tax Act

2017Du35721 Revocation of Disposition of Imposing capital gains tax

NewA

Head of Yeongdeungpo Tax Office

Seoul High Court Decision 2016Nu56006 Decided February 10, 2017

May 16, 2017

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per