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(영문) 대구지방법원 2018.08.30 2018재구합25
원상회복등
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. Following the confirmation of the judgment subject to a retrial may be recognized by each description of evidence A Nos. 1 through 34, and the records are apparent and obvious to this court.

(1) Each taxation disposition and public sale disposition of this case 1) The head of Dong Daegu District Tax Office deemed that the Plaintiff omitted a total of KRW 45,898,338 from February 1994 to January 1, 1996, and that on January 18, 1999, the Plaintiff imposed and notified the Plaintiff of KRW 500,00 of value-added tax for the second term of 1994, value-added tax for the second term of 1994, KRW 1,225,410 of value-added tax for the second term of 195, KRW 2,369,420 of value-added tax for the second term of 195, and KRW 495,00 of value-added tax for the first term of 196 (hereinafter “instant first disposition”).

In addition, the Plaintiff’s income amount of KRW 32,680,300 related to the omission of sales in 1995 was included in global income for the year 195, and the Plaintiff imposed and notified global income tax of KRW 11,868,730 on the Plaintiff on February 8, 2000 (hereinafter “instant Disposition 2”).

(2) On the other hand, on November 1, 1998, the head of the Dong Daegu District Tax Office imposed and notified the Plaintiff of the global income tax amounting to KRW 108,810 (the additional 5,180 won of this tax) on the interim prepayment in 1998 (hereinafter “instant third disposition”). On December 2, 1999, the head of the Dong Daegu District Tax Office imposed and notified the Plaintiff of KRW 905,830 of the value-added tax for the second period in 199 (hereinafter “instant fourth disposition”).

3) By October 11, 1999, the Plaintiff paid all the remaining 3,977,210 won of the national tax refund 1,331,420 among the value-added tax amount on the instant disposition 1 and the global income tax on the instant disposition 3. However, among the global income tax amount on the instant disposition 2, the Plaintiff did not pay the value-added tax on the instant disposition 10,40,720 that remains after being appropriated for the national tax refund due to the national tax refund and the value-added tax on the instant disposition 4) Accordingly, on March 27, 2000, the head of the Donggu District Tax Office imposed an attachment disposition (requisition46120-2191) on the instant real estate owned by the Plaintiff on the ground of the Plaintiff’

6.5. Defendant Korea Asset Management Corporation:

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