logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018. 04. 12. 선고 2018두30952 판결
(심리불속행) 전대인으로서 부가가치세법상 사업자에 해당한다고 볼 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-45270 ( December 20, 2017)

Case Number of the previous trial

Seocho 2015 Schedules4695 (25 April 2016)

Title

(C) No person shall be deemed to be a business operator under the Value-Added Tax Act.

Summary

(Main of the original trial) It is difficult to regard the amount of rent as a taxpayer for value-added tax on the amount of rent received as a sub-contractor who has entered into a sub-lease contract with a lessee, and there is no other evidence to acknowledge it.

Related statutes

Article 2 of the Value-Added Tax Act

Cases

2018Du30952 Revocation of Disposition rejecting to correct additional value-added tax, additional tax

Plaintiff-Appellant

○ ○

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court-2017-Nu-45270 ( December 20, 2017)

Imposition of Judgment

December 2, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

arrow