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(영문) 대법원 2011. 12. 08. 선고 2011두21546 판결

(심리불속행) 골프장내 원형보전임야에 대한 종합부동산세등 경정청구 거부처분은 적법함[국승]

Case Number of the previous trial

Early High Court Decision 2009Du0579 ( October 24, 2009)

Title

(Trial Disorder) The rejection disposition of comprehensive real estate holding tax, etc. on forest preserved in its original form is legitimate.

Summary

(Summary) The Comprehensive Real Estate Tax Act itself is not unconstitutional, but does not violate the principle of no taxation without law and the principle of no comprehensive delegation prohibition, and does not infringe on the freedom of equality and occupation choice under the Constitution, and it cannot be deemed that there is discrimination against forest land for a membership golf course located in the Seoul Metropolitan Area without reasonable grounds.

Cases

2011Du21546 Revocation of revocation of a revocation of comprehensive real estate holding tax, etc.

Plaintiff-Appellant

State AAA of a New Company

Defendant-Appellee

The director of the tax office

Judgment of the lower court

Seoul High Court Decision 2011Nu8026 Decided August 17, 2011

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the argument on the grounds of appeal is deemed not to include or not acceptable the grounds stipulated in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, the appeal is dismissed and it is so decided as per Disposition

Reference materials.

If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,