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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On May 2016, the Commissioner of the National Tax Service requested the Defendant to prohibit the Plaintiff from departing from the Republic of Korea pursuant to Article 7-4(1) of the National Tax Collection Act and Article 10-5(2) of the Enforcement Decree of the same Act on the ground that “The Plaintiff does not intend to pay the amount of national tax in arrears up to 1,171 million won as a result of a comprehensive review of the lifestyle of life, etc., and the Plaintiff is likely to depart from the Republic of Korea for the purpose of flight of concealed property, such as where the details of entry into and departure from the Republic of Korea are frequent,” and the Defendant was prohibited from departing the Plaintiff on May 24, 2016 from May 24, 2016 to November 19, 2016.
B. The Defendant, every six months thereafter, issued a disposition to extend the period of prohibition of departure against the Plaintiff in succession, and on May 18, 2018, issued a disposition to extend the period of prohibition of departure against the Plaintiff from May 20, 2018 to November 10, 2018.
(hereinafter the Defendant’s disposition of extending the period of prohibition of departure on May 18, 2018 (hereinafter “instant disposition”).
On the other hand, the Plaintiff is a large-amount delinquent taxpayer whose list is published pursuant to Article 85-5(1) of the Framework Act on National Taxes, and as of October 2017, the pertinent delinquent amount as of 1,190,121,000 won was delinquent in capital gains tax for the year 2009 and 2010, and the pertinent delinquent amount as of 201,190,121,000 won was the principal tax (=691,203,918,000
In addition, the Plaintiff failed to pay capital gains tax of KRW 229,300 for the year 2014 and the relevant delinquent amount as of July 27, 2017 is the status of 236,170, including additional dues.
[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, 5, 10 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff could not pay capital gains tax by using both living expenses and repayment of loans, etc., and that the Plaintiff concealed the property in the name of a third party.
It is not revealed that the plaintiff has escaped from Korea or abroad, and the plaintiff has entered and departing from Korea several times for family travel purposes.