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(영문) 대법원 2009. 07. 23. 선고 2009두6391 판결

제2차 납세의무자지정 처분에 대해 명의를 대여하였다는 주장의 당부[국승]

Case Number of the immediately preceding lawsuit

Daegu High Court 2008Nu1260 ( April 10, 2009)

Title

The legitimacy of the assertion that the name was lent to the second taxpayer’s designation disposition

Summary

The second taxpayer of the corporation must prove that it is not a beneficial shareholder unlike the list of shareholders, but there is insufficient evidence to acknowledge the nominal shareholder.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal shall be dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

Although examining all of the records of this case and the judgment of the court below and the grounds of appeal, it is clear that the appellant’s grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and thus, the appeal is dismissed pursuant to Article 5 of the same Act, and it is so decided as per Disposition by