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(영문) 대법원 2014. 01. 16. 선고 2013두20110 판결
(심리불속행)부동산을 포함한 물적ㆍ인적 시설 등 영업 전부를 포괄적으로 양도한 것으로 보이므로 재화의 공급에 해당되지 않음[국패]
Case Number of the immediately preceding lawsuit

Daegu High Court 2013Nu377 ( March 30, 2013)

Title

(Trial) Since it appears that all business, including physical and human facilities, including real estate, are comprehensively transferred, it does not constitute the supply of goods.

Summary

Even if the plaintiffs leased the real estate of this case, it cannot be deemed that the plaintiffs leased the real estate of this case with continuous and repeated intent in light of the above plaintiffs' period of holding the real estate of this case, reasons for leasing, contents of the lease contract, the lessee's period of use and conditions before and after the lease. Thus, the disposition of this case

Related statutes

Article 2 of the Value-Added Tax Act

Article 6 of the former Value-Added Tax Act

Cases

2013Du2010 Revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellee

1.A 2. high-B

Defendant-Appellant

Racing Head of the Tax Office

Judgment of the lower court

Daegu High Court Decision 2013Nu377 decided August 30, 2013

Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, all appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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