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(영문) 서울고등법원 2017. 12. 20. 선고 2017누57099 판결

대법원 판결이전의 부과처분으로 판례가 변경되기 전의 판례에 따른 것으로 그 하자가 명백하다고 볼수 없음[국승]

Case Number of the immediately preceding lawsuit

Suwon District Court-2017-Gu Partnership-139 (Law No. 13, 2017)

Title

It cannot be viewed that the defect is obvious as it was based on the precedents before the Supreme Court's ruling was changed due to a disposition prior to the Supreme Court ruling.

Summary

It cannot be viewed that the defect is obvious as it was based on the precedents before the Supreme Court's ruling was changed due to a disposition prior to the Supreme Court ruling.

Related statutes

Article 21 of the Income Tax Act Miscellaneous Incomes

Cases

Seoul High Court 2017Nu57099

Plaintiff

Is 00

Defendant

000 director of the tax office

Conclusion of Pleadings

November 15, 2017

Imposition of Judgment

December 20, 2017

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance court is revoked. On May 8, 2014, the defendant confirmed that the imposition of global income tax of KRW 26,552,540 against the plaintiff for the year 2009 is null and void.

Reasons

The court's reasoning for this case is the same as that of the judgment of the court of first instance. Thus, the court's explanation

Article 8 (2) of the Court Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is.

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

It is so decided as per Disposition.