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(영문) 대법원 2016. 07. 07. 선고 2016두36154 판결

(심리불속행) 학교법인의 고정자산처분익으로 수익사업용 부동산을 취득하는 것은 고유목적사업준비금의 사용범위에 포함되지 않음[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu48862 ( March 18, 2016)

Title

(Republic Hearing) The acquisition of real estate for profit-making business from the disposal of the fixed assets of a school foundation is not included in the scope of the use of the reserve fund for proper purpose business

Summary

(2) It is determined that the disposal of real estate for profit-making business is not erroneous on the ground that the disposal of real estate for profit-making business is not included in the scope of the use of the reserve fund for proper purpose business.

Cases

2016Du36154 Revocation of Disposition of Imposing Corporate Tax

Plaintiff-Appellant

○ Private Teaching Institutes

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

National Rotations

Imposition of Judgment

July 7, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by