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(영문) 서울고등법원 2016. 10. 26. 선고 2016누42762 판결
원고는 형의 부탁으로 주주명의만 대여한 것으로 보임[국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2015-Gu Partnership-9742 (2016.07)

Case Number of the previous trial

Cho High Court Decision 2015Do1745 (O6.04)

Title

The plaintiff is deemed to have lent only the name of shareholder upon request of punishment.

Summary

There is no evidence to view that the Plaintiff was involved in the non-party company as the shareholder of the non-party company, and at least, it is sufficient to view that the Plaintiff lent only the name of the shareholder upon

Related statutes

Article 39 (Scope of Related Parties for Secondary Liability for Tax by Investors of Article 20 of Enforcement Decree of the National Technology Act and Scope of Secondary Liability for Tax by Investors of Article 39 of the National Technology Act

Cases

2016Nu42762 Revocation of the disposition of revocation of comprehensive real estate holding tax

Plaintiff

United Kingdom A

Defendant

BB Director of the Tax Office

Conclusion of Pleadings

October 5, 2016

Imposition of Judgment

October 26, 2016

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The Defendant’s imposition of KRW 00,00 for comprehensive real estate tax in 2009 against the Plaintiff on September 22, 2014, KRW 00,00 for comprehensive real estate tax in 200, KRW 00,000 for special rural development tax, KRW 00,000 for comprehensive real estate tax in 2010, KRW 000 for special rural development tax, KRW 00,000 for comprehensive real estate tax in 2011, KRW 00,000 for special rural development tax, KRW 0,000 for special rural development tax in 200, KRW 00 for comprehensive real estate tax in 2012, KRW 00 for special rural development tax in 200 for special rural development tax, and KRW 00,000 for the second period of value-added tax in 20 for 203.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's judgment is the same as that of the court of first instance, and thus, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Conclusion

The judgment of the first instance is justifiable. The defendant's appeal is dismissed.

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