Case Number of the immediately preceding lawsuit
Suwon District Court 201Guhap3727, 2012.17
Case Number of the previous trial
Early High Court Decision 201J 1434 (Law No. 13, 2011)
Title
It is determined that the Plaintiff’s instant officetel was supplied for self-supply by converting it to residential use.
Summary
(1) In light of the following: (a) the lessee of the instant officetel asserted by the Plaintiff is the representative of the Plaintiff (or the Plaintiff himself) and there is no specific evidence of monthly rent as the Plaintiff’s representative; (b) the instant officetel is a structure suitable for residence; and (c) the Plaintiff’s family members had the address in the instant officetel, it is determined that the instant officetel is used for residential purpose.
Related statutes
Article 6 of the Value-Added Tax Act
Article 15 of the Enforcement Decree of the Value-Added Tax Act
Cases
2012Nu24766. Disposition of revocation of the imposition of value-added tax
Plaintiff and appellant
KimA
Defendant, Appellant
Head of the High Tax Office
Judgment of the first instance court
Suwon District Court Decision 201Guhap3727 Decided July 17, 2012
Conclusion of Pleadings
March 27, 2013
Imposition of Judgment
April 24, 2013
Text
1. The plaintiff's appeal is dismissed.
2. Costs of appeal shall be borne by the Plaintiff.
.
Purport of claim and appeal
The judgment of the first instance is revoked. The imposition of value-added tax of KRW 000 for the first period of January 3, 201 that the Defendant rendered to the Plaintiff on January 3, 201 shall be revoked.
Reasons
1. cite the judgment of the first instance;
The reasoning of the judgment of this court is as follows: even if the evidence presented by the plaintiff was neglected by this court, it is not sufficient to reverse the judgment of the court of first instance. The relevant part is cited pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
The judgment of the first instance is justifiable. The plaintiff's appeal is dismissed.