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(영문) 대법원 2018. 12. 27. 선고 2018두56145 판결
하자가 외관상 명백한 것이라고 할 수 없으므로 당연무효에 해당하지 아니함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2017Nu81023 (Law No. 25, 2018)

Title

Since the defect can not be deemed to be obvious in appearance, it does not constitute an invalidation.

Summary

Since the real estate was transferred in the name of the plaintiff for more than two years, and the transfer income tax report under the name of the plaintiff was received, it appears that there was a factual basis to mislead the plaintiff as a taxpayer, and even if there is a separate transfer income earner, it cannot be deemed that the defect is apparent in appearance, and thus, it cannot

Cases

2018Du56145 Revocation of Disposition of Levying Transfer Income Tax

Plaintiff-Appellant

Park ○

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2017Nu81023 Decided July 25, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 on the grounds of appeal are not included in the grounds stipulated 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

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