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(영문) 대법원 1982. 6. 8. 선고 81부4 판결

[양도소득세등부과처분취소ㆍ행정처분취소][공1982.10.1.(689),819]

Main Issues

Whether an application for an appeal is applied to an administrative litigation case (negative)

Summary of Judgment

An application for an appeal filed under Article 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to civil litigation cases, and administrative litigation cases shall not be applied.

[Reference Provisions]

Article 12 of the Act on Special Cases concerning Expedition etc. of Legal Proceedings

Reference Cases

Supreme Court Order 81 Dated January 26, 1982

New Secretary-General

Head of Dong Daegu Tax Office

upper protection room:

Other Party

Judgment of the lower court

Daegu High Court Decision 80Gu200 delivered on February 10, 1981

Text

The appeal shall be dismissed.

Reasons

The application for an appeal filed under Article 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to civil litigation cases, and it is obvious that the application of this case is not applicable to administrative litigation cases in light of Article 2 of the same Act

Therefore, this case's application for appeal is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)

심급 사건
-대구고등법원 1981.2.10.선고 80구200