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(영문) 대법원 2018. 03. 29. 선고 2017두74351 판결
(심리불속행) 영업권을 취득하였다거나 폐업으로 인하여 일시 상각되었다고 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-57297 ( November 16, 2017)

Title

(ps) It cannot be deemed that a temporary depreciation was made due to acquisition of business rights or closure of business.

Summary

(C) No person may be deemed to have acquired a business license as an intangible asset value, such as excess profit-making power, unless he/she had a tradition in the business of this case at the time of obtaining the right to operate the business of this case, or is deemed to have had a special credit, location conditions or transactional relationship.

Related statutes

Article 33 (Non-Inclusion in Necessary Expenses)

Cases

2017du74351 Global income and revocation of disposition

Plaintiff-Appellant

○ ○

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court-2017-Nu-57297 ( November 16, 2017)

Imposition of Judgment

on October 29, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the judgment below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.

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