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(영문) 서울고등법원 2013. 04. 24. 선고 2012누24766 판결
원고가 이 사건 오피스텔을 주거용으로 전용하여 자가공급한 것으로 판단됨[국승]
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.

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