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(영문) 서울고등법원 2017. 12. 15. 선고 2017누70856 판결
경정청구 청구기간 90일을 경과하여 청구한 경정청구에 대한 거부통지는 단순한 민원회신의 성격을 가질 뿐 처분이라고 볼 수 없으므로 각하[국승]
Case Number of the immediately preceding lawsuit

Incheon District Court-2016-Gu Partnership-53498 ( August 17, 2017)

Title

Notice of rejection of a request for correction filed after the lapse of 90 days from the deadline for filing the request shall have the nature of simple civil petition correspondence, and it shall not be deemed a disposition.

Summary

The rejection notice of a request for correction filed after the lapse of 90 days from the deadline for filing the request shall have the nature of simple civil petition correspondence, and shall not be deemed a rejection disposition subject to appeal.

Related statutes

Article 45(2) of the Framework Act on National Taxes

Cases

Seoul High Court 2017Nu70856 Revocation of Disposition Rejecting Claim for Rectification

Plaintiff and appellant

000 Construction Co., Ltd.

Defendant, Appellant

00. Head of tax office

Judgment of the first instance court

Incheon District Court Decision 2016Guhap53498 Decided August 17, 2017

Conclusion of Pleadings

December 1, 2017

Imposition of Judgment

December 15, 2017

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's rejection disposition against the plaintiff on April 19, 2016 shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reason for this judgment is as follows: Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are cited inasmuch as the reason for this judgment is the same as the reason for the first instance judgment in the appearance of the first instance court where the phrase “ May 11, 2016” of the 17th judgment “as of April 19, 2016.”

2. Conclusion

Therefore, the lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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