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(영문) 대법원 2014. 07. 10. 선고 2014두5873 판결
상고심 판단을 받은 재심대상판결에 대하여 판단누락을 이유로 재심을 청구할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu230 (20 March 20, 2014)

Title

No request for a retrial may be made on the grounds that a decision subject to a retrial rendered by the court of final appeal was omitted.

Summary

The ground of appeal does not fall under any subparagraph of Article 4 (1) and (3) of the Act on Special Cases concerning the Procedure for Appeal.

Related statutes

Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal

Cases

2014Du5873 Revocation of Disposition of Imposing capital gains tax

Plaintiff (Re-Appellant)-Appellant

IsaA

Defendant (Re-Defendant)-Appellee

head of Sung Dong Tax Office

Judgment of the lower court

Seoul High Court Decision 2013Reu230 Decided March 20, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff (Plaintiff).

Reasons

Examining the judgment of the court below and the grounds of appeal, the grounds of appeal by appellant are not included in the subparagraphs of Article 4 (1) of the Act on Special Cases concerning the Procedure for Appeal, or are deemed to fall under the subparagraphs of paragraph (3). Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by

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