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(영문) 대법원 2007. 03. 15. 선고 2006두17505 판결

실질 사업자 여부(심리불속행 판결)[일부패소]

Title

Whether a actual business operator is a business operator (a decision not to proceed with hearing)

Summary

Although it is recognized that the police station received the consideration for supply from the operation of the first place of business, it is only the result of issuing the business registration certificate upon the request of the joint place of business of the first place of business, and there is no benefit from the second place of business.

Related statutes

Article 14 of the Framework Act on National Taxes

Article 2 of the Value-Added Tax Act

Text

1. All appeals are dismissed.

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

Reasons

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