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(영문) 대법원 2015. 07. 10. 선고 2015두41128 판결

(심리불속행)처분의 동일성이 유지되는 범위 내의 처분사유 변경에 해당하여 허용[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2014-Nu-57944 (2015.04.02)

Case Number of the previous trial

Examination-Income 2013-0074

Title

(A) Permission is granted due to changes in reasons for a disposition within the scope of maintaining the identity of the disposition.

Summary

(1)It is permissible for a tax office to claim differently only the source of the income within the scope of the global income subject to cumulative taxation in order to support the detailedness of the global income and the legitimacy of the disposition, because it constitutes a change in the grounds for disposition within the scope of

Cases

2015du4128 Global income and revocation of disposition

Plaintiff and appellant

AA

Defendant, Appellant

BB Director of the Tax Office

Judgment of the first instance court

National Rotations

Conclusion of Pleadings

-

Imposition of Judgment

2015.07.10

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.