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(영문) 대법원 2007. 07. 12. 선고 2007다28147 판결

자료상으로 고발된 업체의 신고납부행위가 당연무효인지여부(심리불속행기각)[국승]

Title

Whether the act of return and payment by an enterprise which has been accused of the material is void as a matter of course (defluence of hearing)

Summary

Although the filing of a return and payment can be a serious defect, it is not an obvious defect, so it does not constitute abrupt invalidation, so it is not subject to the return of unjust enrichment.

Related statutes

Article 17 (Payable Tax Amount)

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by