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(영문) 대법원 2014. 01. 17. 선고 2013두19981 판결
원고가 건관 협회를 대리하여 징수한 관리비 수입은 원고에게 귀속된다고 볼 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu8990 ( March 30, 2013)

Title

The income from the management expenses collected by the plaintiff on behalf of the dry Association shall not be deemed to belong to the plaintiff.

Summary

The collection and execution of management expenses on behalf of the dry Association in accordance with the special agreement on the entrusted management services between the plaintiff and the dry Association, and since the revenue of management expenses cannot be deemed to belong to the plaintiff, the initial disposition on the management expenses under the provision of the management services is unlawful.

Related statutes

Article 13 of the Value-Added Tax Act

Article 14 (Real Taxation)

Cases

2013Du1981 Disposition of revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellee

AAA, Inc.

Defendant-Appellant

Head of Seoul Central Tax Office

Judgment of the lower court

Seoul High Court 2013Nu8990 ( March 30, 2013)

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as

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