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(영문) 대법원 2013. 04. 30. 선고 2013두6411 판결
(심리불속행) 반환대상에서 ’금전’을 제외한 것은 합리적인 이유없이 납세자를 차별하는 것이 아님[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2011Nu42637 (Law No. 15, 2013)

Case Number of the previous trial

Cho High Court Decision 201Do078 (O4. 14)

Title

(1) Except for ‘money to be returned’, the taxpayer is not discriminated against without reasonable cause.

Summary

(Summary of the Judgment of the Supreme Court) The disposition imposing gift tax by deeming illegal political funds received from others as taxable objects of gift tax and the disposition imposing gift tax on the original donor due to the return of the said funds shall be lawful and shall not be deemed to have discriminated against taxpayers without reasonable grounds.

Cases

2013Du6411 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

KimA

Defendant-Appellee

Gangwon-gu Director of the District Office

Judgment of the lower court

Seoul High Court Decision 2011Nu42637 Decided February 15, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

In accordance with Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure of Final Appeal, the appeal shall be decided as per Disposition by the assent of all participating Justices on the bench, since the petition of final appeal submitted by the appellant did not state

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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