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(영문) 대법원 2017. 01. 12. 선고 2016두55506 판결
(심리불속행) 부가가치세 환급결정은 항고소송의 대상이 아님[국승]
Case Number of the immediately preceding lawsuit

Gwangju High Court-2016-Nu-3085 ( October 06, 2016)

Case Number of the previous trial

Cho High 2015 Mine2810 ( October 17, 2015)

Title

(A) A decision of refund of value-added tax is not subject to appeal litigation.

Summary

(In the original instance, the decision to refund value-added tax cannot be deemed a disposition subject to an appeal litigation, and a claim for confirmation of illegality of omission cannot be deemed to have no standing to sue or an omission subject to an appeal litigation.

Related statutes

Article 56 of the Framework Act on National Taxes concerning other Acts

Cases

Action on infringement of rights due to violation of tax-related Acts;

Plaintiff-Appellant

AA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

oly 2017.106

Imposition of Judgment

2017.012

Text

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff.

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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