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(영문) 대법원 2018. 01. 11. 선고 2017두60154 판결

선행판결의 기판력[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-47450 ( August 17, 2017)

Title

Res judicata of a preceding judgment

Summary

The res judicata effect of a final and conclusive judgment dismissed in a lawsuit seeking revocation of a taxation disposition extends to the lawsuit seeking nullification of the said taxation disposition (see, e.g., Supreme Court Decision 2002Du3669, May 16, 2003).

Related statutes

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

Cases

Supreme Court-2017-Du-60154 ( October 11, 2018)

Plaintiff-Appellant

AA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

National Rotations

Imposition of Judgment

2018.011

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The ground of appeal was examined in comparison with the records of this case and the judgment below, but the ground of appeal was examined.

The assertion does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal

It is judged that it cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.