(심리불속행) 원고를 과점주주로 오인한 하자가 있다고 하더라도 그 하자가 객관적으로 명백하다고 할 수 없어 이를 당연무효로 볼 수 없음[국승]
Seoul High Court-2015-Nu-52892 ( August 19, 2016)
(A) Even if there is a defect that misleads the plaintiff as an oligopolistic shareholder, such defect cannot be objectively apparent, and thus, it cannot be deemed null and void as a matter of course.
(Summary of the Judgment of the Supreme Court) Even if there is a defect that misleads the Plaintiff, who is merely the formal shareholder of the Plaintiff company, as an oligopolistic shareholder, the defect cannot be objectively deemed to be null and void as it cannot be deemed null and void.
2016Du51283. Action to invalidate the imposition of value-added tax, etc.
westO
O Head of tax office
August 19, 2016
December 15, 2016
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
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 ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.