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(영문) 대법원 2016. 09. 29. 선고 2016두42555 판결
(심리불속행)컨테이너 야드로 사용하였던 토지가 비업무용 부동산에 해당하는지[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu60855 (27 May 2016)

Title

(C) Whether the land used as container gate is a real estate for non-business use.

Summary

(1) The summary of the instant land had been leased to another company for more than 10 years after the closure of the bonded storage site, and the Plaintiff had intended to use the instant land for its business during the said period. Therefore, it is difficult to deem that the instant land was not directly related to the Plaintiff’s business, nor directly used for the Plaintiff’s business.

Cases

2016Du42555 Revocation of Disposition of Corporate Tax Imposition

Plaintiff-Appellant

Doeng Co., Ltd

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu60855 Decided 27, 2016

Imposition of Judgment

2016.29

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The instant records, the lower judgment, and the grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) were examined. However, the allegation in the grounds of appeal by the appellant is deemed not to include the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices

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