부과처분을 직권취소하였으므로 각하함[각하]
2013 High Court Decision 97 ( October 31, 2013)
Since the disposition of imposition was revoked ex officio, it shall be dismissed.
The disposition is not in existence after ex officio revocation of the disposition, and the revocation lawsuit against non-existent administrative disposition is illegal as there is no interest in the lawsuit.
2013Gudan53748 Revocation of Disposition of Imposing capital gains tax
O KimO
O Head of tax office
September 15, 2015
September 22, 2015
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
The Defendant’s disposition of imposition of capital gains tax of KRW 000 for the year 2007 against the Plaintiff on June 10, 2012 is revoked.
When an administrative disposition is revoked, such disposition shall lose its validity, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit (see, e.g., Supreme Court Decision 2004Du5317, Sept. 28, 2006).
However, the Defendant’s ex officio revocation of the disposition imposing capital gains tax stated in the purport of the claim No. 6 during the proceeding of the lawsuit is apparent by the purport of the entry of the evidence No. 6 and the entire pleadings. As such, the instant lawsuit was sought for revocation of the disposition that does not exist,
Therefore, the lawsuit of this case shall be dismissed, and the litigation cost shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act.