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(영문) 대구고등법원 2016. 07. 08. 선고 2015누7556 판결

가산세 산출근거가 불분명한 경우 절차상 하자로 볼 수 있는지 여부[국패]

Case Number of the immediately preceding lawsuit

Daegu District Court 2015Guhap21133 ( November 25, 2015)

Title

Whether the basis for calculation of additional tax can be seen as a procedural defect if it is unclear.

Summary

If the unpaid penalty tax is not specifically stated by the due date of payment, it is reasonable to view that there is a defect that does not properly state the grounds for the calculation of the penalty tax.

(The same as the judgment of the court of first instance) The contents of the judgment are as attached.

Related statutes

Article 69 of the Restriction of Special Taxation Act

Cases

2015Nu756 Revocation of Disposition of Imposing capital gains tax

Plaintiff and appellant

OO

Defendant, Appellant

O Head of tax office

Judgment of the first instance court

Daegu District Court Decision 2015Guhap21133 Decided November 25, 2015

Conclusion of Pleadings

June 10, 2016

Imposition of Judgment

July 8, 2016

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

Defendant’s transfer income tax amounting to KRW 213,783,340 for the Plaintiff on March 6, 2014 (Additional Tax)

77,211,959 won (including won) shall be revoked.

2. Purport of appeal

In the judgment of the first instance court against the defendant, the part against the defendant shall be revoked, and the plaintiff's claim against the above revocation

section 3.

Reasons

The court's explanation about the instant case is the same as the part concerning the reasoning of the judgment of the court of first instance.

Ro, Article 8(2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act

(c)

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit.

It is so decided as per Disposition.