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(영문) 대법원 2016. 12. 15. 선고 2016두54169 판결
(심리불속행) 차명주주로 등재되었을 뿐, 과점주주에 해당하지 않아 제2차납세의무자 아님[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2016Nu32802 (Law No. 23, 2016.09)

Title

(C) No person who is not a secondary tax obligor, but is registered as a secondary shareholder.

Summary

(main point of this trial) is registered as a secondary shareholder of the company at the request of a person who actually owns and operates the company, and does not constitute an oligopolistic shareholder and does not constitute a secondary taxpayer.

Related statutes

Article 39 (Secondary Liability to Pay Taxes by Investor)

Cases

Supreme Court Decision 2016Du54169

Plaintiff, Appellant

○ ○

Defendant, appellant and appellant

○ Head of tax office

Judgment of the first instance court

Seoul High Court Decision 2016Nu32802 Decided September 23, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as

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