logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016. 11. 24. 선고 2016두47635 판결
(심리불속행) 당연무효가 되려면 위법사유가 있다는 것만으로는 부족하고 그 하자가 법규의 중요한 부분을 위반한 중대한 것으로명백해야함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2016Nu71008 (20 July 20, 2016)

Title

(D) It is not sufficient to say that there is an illegal cause for invalidation of the proceeding. The defect must be clear that there is a significant violation of the laws and regulations.

Summary

(1) The summary of the disposition in this case is unlawful, but it cannot be deemed that the disposition in this case is null and void as it is objectively obvious, and it cannot be deemed that the disposition in this case was filed again according to the notice of procedure for remedying the result of the investigation attached to the notice of the result of the reexamination by the administrative agency.

Cases

2016Du47635 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

Dog Dog

Defendant-Appellee

OO Head of the tax office

Judgment of the lower court

Seoul High Court Decision 2016Nu71008 Decided 2016.20

Imposition of Judgment

October 27, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

November 24, 2016

Judges

Justices Kim Chang-suk

Judges

Justices Lee Sang-hoon

Judges

Justices Jo Hee-de

Justices Park Sang-ok

arrow