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(영문) 대법원 2014. 08. 20. 선고 2014두6869 판결
국내에 밀접한 생활관계가 형성되지 않아도, 국내 거소기간이 2과세기간에 걸쳐 1년 이상이므로 거주자임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu20471 (Law No. 11, 2014)

Case Number of the previous trial

Cho High Court Decision 2012west 2992 (No. 13, 2012)

Title

Even if there is no close living relationship in the Republic of Korea, it is a resident since the domestic residence period is at least one year over two taxable periods.

Summary

Even if 540 days of domestic stay in Korea were 540 days or more for 2 years, the plaintiff did not have a close general living relationship, such as address, it shall be deemed that the plaintiff had a place where he resides in Korea over a considerable period of time, i.e., a place where he resides in Korea, and the case where the period is more than one year over 2 years, and it is reasonable to see that the plaintiff is an individual who has a domestic residence in Korea and

Related statutes

Article 1 of the Income Tax Act

Cases

2014du6869 Revocation of revocation of request for rectification

Plaintiff-Appellant

Song AA

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2013Nu20471 Decided April 11, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of

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