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(영문) 대법원 2016. 10. 27. 선고 2016다240628 판결
(심리불속행) 원고 스스로 거주자로서 양도소득세를 신고, 납부한 행위를 당연무효라고 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul Eastern District Court 2015Na26292 ( October 22, 2016)

Title

(D) The Plaintiff’s act of reporting or paying capital gains tax as a resident cannot be deemed to be null and void as a matter of course.

Summary

(2) The plaintiff's report and payment act cannot be viewed as an act of the plaintiff's filing of a return, and it cannot be viewed as an act of the plaintiff's filing of a return, and it cannot be viewed as an act of the plaintiff.

Related statutes

Article 741 of the Civil Act: Contents of Unjust Enrichment

Cases

2016Da240628 Return of Fraudulent Gains

Plaintiff

1. AA (BBB BBBB) (BB);

Defendant

1. Korea;

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 allegation in the grounds of appeal by the appellant is not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act, and the costs of appeal are assessed against the losing party.

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