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(영문) 대법원 2010. 05. 27. 선고 2010두3664 판결
30세 이상인 경우 다른 세대원과 같이 거주하더라도 독립된 1세대로 보아 비과세함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu20733 (Law No. 27 January 2010)

Case Number of the previous trial

Seoul Administrative Court 2008Gudan17182 ( October 25, 2009)

Title

In cases of over 30 years of age, even if they reside together with other members of the household, they shall be deemed independent one household and non-taxation.

Summary

If a resident is at least 30 years of age, he/she shall be deemed as one household even if he/she has no spouse, and it is difficult to view that there is no provision that he/she shall be deemed as one household, including a family living together with his/her spouse, and that an independent household cannot form an independent household because his/her address is the same as that of an independent household, and it is not the same address as to whether the elements of an independent household share the same livelihood.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal shall be dismissed.

The costs of appeal are assessed against the defendant.

Reasons

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

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