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(영문) 서울고등법원 2013. 08. 23. 선고 2012누33104 판결
점포영업권 양도에 대한 부가가치세 부과 처분은 적법함[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2012Guhap1588 ( October 12, 2012)

Case Number of the previous trial

early 201J 3145 ( November 10, 201)

Title

The imposition of value-added tax on the transfer of store business rights is legitimate.

Summary

(1) Since the Plaintiff owned 1/2 of the store business right and transferred it to the non-party company and received the price from the non-party company, the disposition imposing the value-added tax on the transfer of the store business right is legitimate.

Related statutes

Article 1 of the Value-Added Tax Act and Article 48 of the Enforcement Decree thereof.

Cases

2012Nu33104. Revocation of the imposition of value-added tax

Plaintiff and appellant

AA

Defendant, Appellant

Head of Si Tax Office

Judgment of the first instance court

Suwon District Court Decision 2012Guhap1588 Decided October 12, 2012

Conclusion of Pleadings

July 2, 2013

Imposition of Judgment

August 23, 2013

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 shall be revoked.

The Defendant’s imposition of value-added tax for the first period of August 18, 201 against the Plaintiff on August 18, 201 is revoked.

Reasons

1. Quotation of judgments of the first instance;

The reasoning of this court's explanation concerning this case is as follows: The second part of the second part of the judgment of the court of first instance is the "retailing agency", and the second part "the second part" of the second part is the "the first part" of the judgment of the court of first instance, and the second part is the same as the reasoning of the judgment of the court of first instance, so it is cited in accordance with Article 8 (2) of the r Administrative Litigation Act and the main part of Article 420 of the Civil Procedure Act.

2. Conclusion

Thus, the plaintiff's claim seeking the cancellation of the disposition of this case should be dismissed due to the lack of reason, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.

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