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(영문) 대법원 2012. 01. 12. 선고 2011두23634 판결
(심리불속행) 부가가치세 면제대상은 적법한 허가를 받은 자에 의한 증권업을 의미함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2011Nu3090 ( August 17, 2011)

Title

(A) The object of the VAT exemption refers to a securities business by a person who has obtained legitimate permission.

Summary

(Main) Securities business under the Securities and Exchange Act is a securities business permitted by the Securities and Exchange Act, which is a securities business permitted by the legitimate permission under the former Securities and Exchange Act. Since the Plaintiffs were not a corporation permitted by the Financial Services Commission, they are not subject to the exemption of value-added tax.

Related statutes

Article 12 (Exemption from Value-Added Tax)

Cases

2011Du23634 Revocation of taxation disposition

Plaintiff-Appellee

XX 1 other

Defendant-Appellant

Head of Suwon Tax Office et al.

Judgment of the lower court

January 12, 2012

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, all appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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