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(영문) 대법원 2011. 09. 08. 선고 2011두12634 판결
(심리불속행) 하자가 외관상 명백하다고 할 수 없어 당연무효의 처분 아님[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu23905

Title

(D) If a defect in hearing is not obvious to be externally void, it is not a disposition to invalidate it as void.

Summary

(Summary of the Supreme Court Decision 201Da11449 delivered on May 2, 201). The Supreme Court Decision 201Da14488 delivered on May 1, 201

Cases

2011Du12634. Invalidity of the imposition of value-added tax

Plaintiff-Appellant

Companies specializing in the field-based public culture industry

Defendant-Appellant

The Director of Gangnam District Office

Judgment of the lower court

Seoul High Court Decision 2010Nu23905 Decided May 3, 2011

Text

The appeal is dismissed.

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 assertion on the grounds of appeal by the appellant is clear that it falls under Article 4 of the Act on Special Cases concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal does not continue to proceed with the deliberation on the merits of the grounds for final appeal, and refers to the system of dismissing the final appeal by judgment

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