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(영문) 대법원 2018. 08. 28. 선고 2018두47707 판결

임대인에 대한 부당행위계산부인에 있어 특수관계가 없으면 전대인이 받은 전대 임차보증금과 차임이 시가임[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu7118 (Law No. 11, 2018)

Title

In the case of a lessor’s wrongful calculation, the lease deposit and the rental deposit received by the lessor is the market price unless there is a special relationship with the lessor.

Summary

Inasmuch as the petition of appeal submitted by the appellant did not state any grounds of appeal and did not submit the grounds of appeal within the statutory period, the appeal shall be dismissed.

Related statutes

Article 41 of the Income Tax Act by Wrongful Calculation

Cases

2018Du47707 Disposition of revocation of imposition, including global income tax.

Plaintiff, Appellants

AA

Defendant, Appellant

a) the Director of the Tax Office

Imposition of Judgment

August 28, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Therefore, the appeal is dismissed in accordance with Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure of Final Appeal, and Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.