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(영문) 대법원 1973. 10. 23. 선고 73누76 판결
[물품세부과처분취소][집21(3)행,007]
Main Issues

The scope of households constituting one Article under the Goods Tax Act;

Summary of Judgment

(1) It is difficult to readily conclude that: (a) the acquisition of a new type of transfer and a new type of special unit (2) the transferor and the coconutor (3) the transferor and the coconutor (3) the transferor and the coconutist, etc. are households with one set of one set as stipulated in the goods tax law.

[Reference Provisions]

Article 1(1) of the Goods Tax Act, Article 2 of the Enforcement Decree of the Goods Tax Act

Plaintiff-Appellee

Dongyang Steel Industries Corporation

Defendant-Appellant

The Director of the Korean Tax Office

original decision

Seoul High Court Decision 72Gu196 delivered on February 21, 1973

Text

The appeal is dismissed. The costs of appeal are assessed against the defendant.

Reasons

The defendant's grounds of appeal are examined.

According to Article 1 (1) 1-5 of the Goods Tax Act, households with 1-30,00 won or more are listed in taxable goods. According to Article 2 (4) of the Enforcement Decree of the Goods Tax Act, "Article 2" means that two or more households use them together and trade them with "general Article". Thus, such as the head of the defendant's office, a household as a problem in this case such as (1) a new type of acquisition by transfer and a new type of special type of company (2) a new type of company (3) a new type of company (2) a transferor and a coconter (3) a coconsor and a coconsor, etc. (3) a coconsor and coconsor, respectively, constitute "Article" as mentioned above. In general, even if the above households are used together, the above households have a different purpose as a coconsor or a coconsor, and it is difficult for a coconsor or a coconsor to determine the value of each article as a separate use of the article.

Therefore, this appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Byung-ho (Presiding Justice)

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