beta
(영문) 대법원 2011. 12. 02. 선고 2011두23719 판결

(심리불속행) 과점주주에 해당되는지 여부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu43749 (Law No. 18, 2011)

Case Number of the previous trial

National Tax Service Review Division 2009-0164 ( October 11, 2010)

Title

(A) Whether it falls under an oligopolistic stockholder or not

Summary

(W) Although a person asserts that a part of the shares is not an oligopolistic shareholder by transferring the shares, the submission of a securities transaction tax return at the latest shall not be deemed to have been exceeded the oligopolistic shareholder due to the lack of credibility as it is prepared in collusion between the private persons.

Related statutes

Article 39 (Secondary Liability for Tax Payment of Contributors)

Cases

2011Du23719 Disposition of revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellant

Sector XX

Defendant-Appellee

Head of Ansan Tax Office

Judgment of the lower court

Seoul High Court Decision 2010Nu43749 Decided August 18, 2011

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

As the petition of appeal filed by the Plaintiff did not state any grounds for appeal and did not submit a statement of grounds for appeal within the statutory period, Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure for Final Appeal is decided as

Reference materials.

If the grounds for final appeal are not included in the grounds of 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 final appeal does not continue to proceed with the deliberation on the merits of the grounds for final appeal, and refers to the system of dismissing the final appeal by judgment