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(영문) 대법원 2019. 01. 31. 선고 2018다281531 판결
(심리불속행) 국가가 취소원인을 알았는지의 여부는 조세채권의 추심 등을 담당하는 세무공무원의 인식시점을 기준으로 하는 것임[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court-2017-B-79059 ( October 02, 2018)

Title

(Trial Disorder) Whether or not the State becomes aware of the grounds for cancellation shall be based on the point of time when a tax official in charge of collecting tax claims becomes aware of.

Summary

(b)When the State exercises its right of revocation for a legal act of a delinquent taxpayer with a claim for preservation as a preserved bond, whether the State becomes aware of the grounds for revocation in relation to the starting point of the limitation period shall be determined on the basis of the tax official’s awareness in charge of the collection, preservation, etc. of claims, unless there are special circumstances.

Related statutes

Article 30 of the National Tax Collection Act

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The lower judgment and the appellate brief all of the records of this case were examined, but the appellant’s grounds of appeal are examined.

The argument about the appeal procedure does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

Since it is deemed that there is no reason or reason, all appeals are dismissed pursuant to Article 5 of the same Act.

It is so decided as per Disposition by the assent of all participating Justices on the bench.

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