Case Number of the immediately preceding lawsuit
Suwon District Court 2013Gudan633 (O1.27)
Title
General consultation that a tax official gives to a civil petitioner can not be regarded as a public statement of opinion.
Summary
In full view of all the evidence submitted by the Plaintiff, it is insufficient to recognize that a tax official has made a statement of opinion meeting the above requirements, and there is no other evidence to acknowledge it.
Related statutes
Article 15 of the Framework Act on National Taxes
Cases
2014Nu43273 Revocation of disposition of imposing capital gains tax
Plaintiff and appellant
aa
Defendant, Appellant
Head of the Office of Government
Judgment of the first instance court
January 27, 2013
Conclusion of Pleadings
November 19, 2014
Imposition of Judgment
December 10, 2014
Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The capital gains tax on June 1, 2012 rendered by the Defendant to Dongbbb on June 1, 2012 00
The disposition of the Board shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reasons for this Court's ruling, except for the dismissal of the following:
As such, Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act shall be cited.
○ The 2th, 1, 6, 8, and 13th, “Plaintiff” shall be read as “the net traditional Korean-style house”, and other “Plaintiff”.
The plaintiff is friendly to "the plaintiff".
○ The second 9th 9th thm of the judgment of the first instance court is as follows: “D. The net hanok shall be ash after filing an appeal on August 13, 2014.
The plaintiffs who were co-inheritors died and taken over the lawsuit of this case (AA No. 12, 13, 14)
shall add "each entry in the evidence)".
2. Conclusion
The judgment of the first instance is justifiable. All appeals filed by the plaintiffs are dismissed.