Case Number of the immediately preceding lawsuit
Suwon District Court-2014-Gu Partnership-54319
Title
Any lawsuit that has not gone through the procedure of the previous trial is illegal.
Summary
Since the Plaintiff’s filing of the instant lawsuit on May 27, 2014 without filing the said request for examination or trial within 90 days after being notified of the instant disposition on March 17, 2014, is recognized as having been immediately filed on May 27, 2014, the instant lawsuit without undergoing lawful pre-trial procedures is unlawful.
Related statutes
Article 55 of the Framework Act on National Taxes
Cases
Seoul High Court 2015Nu47982 Action
Plaintiff and appellant
UN*
Defendant, Appellant
Head of Si Tax Office
Judgment of the first instance court
Suwon District Court Decision 2014Guhap54319 Decided May 21, 2015
Conclusion of Pleadings
October 7, 2015
Imposition of Judgment
October 28, 2015
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 disposition of imposition of local income tax of KRW 11,49,850 against the Plaintiff on March 10, 2014 by the Defendant shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The court's explanation about the instant case is the same as the part concerning the reasoning of the judgment of the court of first instance.
In accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, they shall be quoted as it is.
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.
It is so decided as per Disposition.