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(영문) 서울고등법원 2016. 09. 08. 선고 2015누60022 판결
행정처분의 당연무효는 처분에 위법사유뿐만아니라 하자가 법규의 중요한 부분을위반한 중대한 것으로서 객관적으로 명백해야한다[국승]
Case Number of the immediately preceding lawsuit

District Court-2015-Gu Group-5274 ( September 9, 2015)

Title

The invalidity of an administrative disposition must be objectively apparent as it is serious that the defect, as well as the reason for illegality in the disposition, has violated the important parts of the law and regulations.

Summary

Since it is possible to accurately investigate the requirements for exemption, such as the cultivation period, farmer, and farmer of farmland, etc. in order to determine whether the exemption from the GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGR

Related statutes

Article 89-1 of the Income Tax Act: Scope of “one house for one household”

Cases

Seoul High Court 2015Nu60022

Plaintiff

Fixed00

Defendant

000 director of the tax office

Conclusion of Pleadings

August 18, 2016

Imposition of Judgment

September 8, 2016

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Cheong-gu Office

The judgment of the first instance shall be revoked. The transfer income tax reverted to the Plaintiff on August 1, 201, which the Defendant rendered to the Plaintiff on August 1, 2011

It confirms that the imposition of KRW 308,218,940 is null and void.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's judgment is the same as that of the judgment of the court of first instance, and thus, it is cited by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.

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