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(영문) 서울고등법원 2015.03.18 2014누66252
출국금지처분취소
Text

1. The plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Details of the disposition;

A. From June 27, 1973 to October 1991, Plaintiff A served as a major shareholder and representative director of Plaintiff C Co., Ltd. (hereinafter “instant company”). Plaintiff B was registered as a shareholder in the shareholder registry of the instant company, but on October 15, 2002, Plaintiff B filed a lawsuit against the instant company seeking confirmation of the existence of a shareholder under the Seoul District Court Decision 2002Gadan287826, and was sentenced to a favorable judgment from the above court on January 15, 2003 that “the Plaintiff B is not a shareholder of the instant company,” and the said judgment became final and conclusive on February 13, 2003.

B. Plaintiff A is in arrears with corporate tax, wage and salary income tax, global income tax, transfer income tax, etc. related to the instant company from around 1991 to around 198, and is currently in arrears with approximately KRW 1,674,240,000. Plaintiff B is in arrears with corporate tax, labor income tax, and labor income tax related to the instant company from around 191, and is currently in arrears with approximately KRW 85,106,000.

C. The Defendant, upon receiving a request from the Commissioner of the National Tax Service for prohibition of departure from the Plaintiffs, issued a disposition prohibiting the Plaintiff from departing from the Republic of Korea on October 20, 2008 to April 19, 2009 based on Article 4(1)4 of the Immigration Control Act. On December 31, 2010, the Defendant issued a disposition prohibiting Plaintiff B from departing from the Republic of Korea from December 31, 201 to June 30, 201.

Since then, the Defendant extended the period of prohibition of departure several times against the Plaintiffs, on October 17, 2014, issued a disposition to extend the period of prohibition of departure against Plaintiff A from October 20, 2014 to April 19, 2015. On December 31, 2014, the Defendant issued a disposition to extend the period of prohibition of departure against Plaintiff B from January 1, 2015 to June 30, 2015.

(hereinafter referred to as “each disposition of this case” in total, including the disposition of extension of the period of prohibition of departure against the plaintiffs. 【Ground for Recognition】 Facts without dispute, Gap’s evidence 1 through 7, 14 through 18, and Eul’s evidence 1, 7, and 8 (including the number of branch numbers).

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