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(영문) 대법원 2016. 01. 07. 선고 2015두56892 판결

법정기간 내에 상고이유서를 제출하지 아니하였으므로 기각함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court Decision 2015Nu32959 Decided October 21, 2015

Case Number of the previous trial

Early High Court Decision 2012J 3832 ( October 28, 2012)

Title

Since the appellate brief was not filed within the statutory period, it shall be dismissed.

Summary

Since the petition of appeal filed by the appellant did not contain any statement in the grounds of appeal and did not submit the grounds of appeal within the statutory period (the grounds of appeal filed by the plaintiff was received on December 16, 2015), it shall be dismissed in accordance with Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, Article 5 of the Act on Special Cases Concerning the Trial and Appeal Procedure.

Related statutes

Article 95 of the Income Tax Act (Transfer Income Amount)

Cases

Supreme Court Decision 2015Du56892 ( October 07, 2016)

Plaintiff-Appellant

fixed**

Defendant-Appellee

***The Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2015Nu32959 Decided October 21, 2015

Imposition of Judgment

2016.01.07

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

It is so decided as per Disposition by the assent of all participating Justices on the bench, pursuant to 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 Trial and Appeal Procedure, since the petition of appeal filed by the appellant did not state the grounds of appeal and the appellate brief was not filed within the statutory period (the appellate brief filed by the plaintiff was received on December 16, 2015, which was later filed).