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(영문) 대법원 2011. 02. 10. 선고 2011두129 판결

(심리불속행) 제소기간을 도과하여 부적법하므로 각하함[각하]

Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu13038 ( November 25, 2010)

Title

(C) If it is unlawful for the filing of the suit to the extent of the filing period, it shall be dismissed.

Summary

(Summary of the original trial) Any revocation lawsuit may be instituted after undergoing a request for examination or adjudgment as prescribed by the Framework Act on National Taxes, and such revocation lawsuit shall be instituted within 90 days from the date on which the decision on the request for examination or adjudgment is notified, and the fact that the lawsuit is instituted after 90 days have elapsed from the date on

Cases

2011Du129 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

The AA

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2010Nu13038 Decided November 25, 2010

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

In accordance with Article 429 of the Civil Procedure Act, Article 8(2) of the Administrative Litigation Act, and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court, since the petition of appeal filed by the Plaintiff did not contain any statement in the grounds of appeal, and it was not filed within the statutory period,

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.,