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(영문) 대법원 2016. 04. 29. 선고 2016두32725 판결

채권 저가 매각이 사기 기타 부정한 행위에 해당하여 장기 부과제척기간이 적용되는지 여부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-47012 (No. 13, 2016)

Title

Whether a long-term exclusion period for taxation is applied because the sale of low price of bonds falls under fraudulent or other unlawful acts

Summary

In order to manipulate the rate of return on the fund, the low-price sale of the claim corresponding to the act of breach of trust constitutes fraud or other unlawful act, and the period of exclusion for ten years is applied.

Related statutes

Article 26-2 of the National Tax Basic Act

Cases

2016Du32725 Revocation of Disposition of Imposing Corporate Tax

Plaintiff, Appellant

AAAAAA Limited Liability Company

Defendant, appellant and appellant

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2015Nu47012 Decided January 13, 2016

Imposition of Judgment

April 29, 2016

Text

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by