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(영문) 서울고등법원 2012. 11. 14. 선고 2012누12275 판결
판결의 당사자가 아닌 자에게는 그 판결이 후발적 경정청구 사유가 될 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 201Guhap34566 (2012.04.05)

Case Number of the previous trial

Seocho 2009west 1673 (Law No. 19, 2011)

Title

No person who is not a party to a judgment may serve as the ground for subsequent request for correction

Summary

(1) As to the Plaintiff’s remaining members, other than the parties to the instant judgment, by the instant key judgment, cannot be deemed as a case where a penalty is deemed null and void. Thus, the instant judgment does not constitute a ground for filing a subsequent request for correction in relation to all members of the Plaintiff, other than the parties to the instant judgment.

Related statutes

Article 45-2 of the National Tax Basic Act

Cases

2012Nu1275 Revocation of revocation of request for rectification

Plaintiff and appellant

AAras license Company

Defendant, Appellant

Head of the District Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2011Guhap34566 decided April 5, 2012

Conclusion of Pleadings

October 17, 2012

Imposition of Judgment

November 14, 2012

Text

1. All appeals filed by the Plaintiff are 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 defendant's rejection disposition against reduction claims for reduction of value-added tax for the first period of December 15, 2008, value-added tax for the first period of 2001, value-added tax for the first period of 2001, and value-added tax for the second period of 201, for the second period of 2001, shall be revoked.

Reasons

1. cite the judgment of the first instance;

The reasons for this court's ruling are as follows, and they are cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

o 4th 9th 9th 000 won "(000 won recently paid, but 000 won was refunded, and 4th ).

o 10th (hereinafter referred to as the "value added tax of this case") is removed, and the "disposition of this case" that reduces 11th (hereinafter referred to as the "Disposition").

0 The following shall be added to the fourth below:

[The object of the Defendant’s refusal of correction as of December 15, 2008 (the object of the Defendant’s refusal of correction as of July 19, 201, was reduced to the amount for which the Plaintiff seeks correction from the purport of the claim as the Defendant corrected a part of the amount of tax on July 19, 201, and the Defendant’s refusal of correction as of December 15, 2008 (hereinafter “instant disposition”).

o 7. The following shall be added to the first fiveth place:

[No.4] The Plaintiff does not incur any loss on the ground that the value-added tax on the members who did not bring a lawsuit against the Plaintiff is not refunded, but rather, it is highly likely that the Plaintiff would have a substantial interest in value-added tax if it

2. Conclusion

The judgment of the first instance is justifiable. All appeals filed by the Plaintiff are dismissed.

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