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(영문) 대법원 2019. 08. 29. 선고 2019두43511 판결
고지서 송달의 입증책임[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Nu-66960 ( October 29, 2019)

Title

The burden of proving the service of notice

Summary

The burden of proof as to whether the notice has been served is the defendant, and the defendant's disposition of imposing the notice was erroneous.

Related statutes

Article 8 of the former Framework Act on National Taxes

Cases

2019Du43511 Revocation of Disposition of Imposing capital gains tax

Plaintiff

BBB

Defendant

AA Head of the Tax Office

Conclusion of Pleadings

.08.29

Imposition of Judgment

.08.29

Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The ground of appeal was examined in comparison with the records of this case and the judgment below, but the ground of appeal was examined.

The assertion does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal

It is judged that it cannot be accepted.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

section 3.

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