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(영문) 대법원 2007. 02. 09. 선고 2006다72161 판결

당초과세처분이 적법한 처분이 아닌 경우 양수자가 지급할 의무가 있는지 여부.[국패]

Title

Whether the transferee is liable to pay if the initial tax disposition is not a legitimate disposition.

Summary

Although there is an agreement that the transferee shall bear when the related tax is imposed on the transfer contract for the business, it is decided that the initial imposition disposition is not a legitimate disposition (it is without hearing).

Related statutes

Article 4 of the Act on Special Cases Concerning the Procedure for Appeal ]

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

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 grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent