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(영문) 서울고등법원 2013. 05. 22. 선고 2013누8051 판결
당초 법인세 처분에 대해 직권 취소하였으므로 소의 이익이 없어 각하함[각하]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2008Guhap42192 ( April 17, 2009)

Case Number of the previous trial

National Tax Service Review Corporation 2008-0036 (Law No. 25, 2008)

Title

Determination of rejection following the revocation of the original disposition;

Summary

Since the disposition of this case was revoked ex officio, the validity of the disposition of this case became extinct, the lawsuit of this case seeking revocation of the disposition of this case is unlawful as there is no benefit.

Cases

2013Nu8051 Revocation of Disposition of Corporate Tax Imposition

Plaintiff and appellant

AAA Development, Inc.

Defendant, Appellant

Head of Guro Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2008Guhap42192 Decided April 17, 2009

Conclusion of Pleadings

May 1, 2013

Imposition of Judgment

May 22, 2013

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the defendant.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The disposition of imposition of KRW 000,000, which the Defendant rendered to the Plaintiff on February 1, 2008, shall be revoked.

Reasons

1. Whether the lawsuit of this case is legitimate

Ex officio, comprehensively taking account of the entire purport of the pleadings in the statement Nos. 1 and 19, and on February 1, 2008, the Defendant imposed a disposition of KRW 000 (hereinafter “instant disposition”) on the Plaintiff from time to time in 2008, but revoked the instant disposition ex officio on or around March 11, 2013. The validity of the instant disposition was extinguished. The instant lawsuit seeking the revocation of the instant disposition was unlawful as there is no benefit therefrom.

2. Conclusion

The judgment of the first instance shall be revoked, and the case shall be dismissed. All costs of the lawsuit shall be borne by the defendant in accordance with Article 32 of the Administrative Litigation Act.

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