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(영문) 대법원 2017. 01. 12. 선고 2016두54619 판결
이 사건 소는 적법한 전심절차를 이행하지 않아 부적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court (Chuncheon)-2015-Nu-849 (Law No. 26, 2016)

Case Number of the previous trial

Early High Court Decision 2015Du4785 ( December 30, 2014)

Title

The lawsuit of this case is unlawful because it does not perform legitimate pre-trial procedures.

Summary

Since a tax appeal was filed after the lapse of 90 days from the date of disposition, the lawsuit of this case is unlawful because it does not perform legitimate procedure of prior trial.

Related statutes

Article 68 of the Framework Act on National Taxes

Cases

2016Du54619 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

AAA

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court (Chuncheon) 2015Nu849 (Law No. 26, 2016)

Imposition of Judgment

2017.012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

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