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(영문) 대법원 2019. 03. 28. 선고 2018두66135 판결
(심리불속행) 당사자가 주장하지 아니한 사항에 대한 판단누락은 재심사유로 삼을 수 없다고 할 것임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Reu-129 ( November 14, 2018)

Title

(Influence of Hearing) The omission of a determination on any matter not asserted by a party shall not be deemed a ground for a retrial.

Summary

(2) The court below's decision is justified. (3) The court below's decision is justified. (4) The court below's decision is erroneous. (4) The court below's decision is erroneous. (4) The court below's decision is erroneous. (1) The court below's decision is erroneous. (1) The court below's decision is erroneous.

Related statutes

Article 451 (Grounds for Retrial)

Cases

2018Du66135 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

CHAPTER A

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2018Nu129 Decided November 14, 2018

Imposition of Judgment

March 28, 2019

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff (the plaintiff, the appointed party) and the chairmanCC.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. The appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided as per Disposition

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