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(영문) 서울고등법원 2013. 08. 30. 선고 2013누8990 판결
원고가 건관 협회를 대리하여 징수한 관리비 수입은 원고에게 귀속된다고 볼 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2012Guhap19519 (2013.08)

Case Number of the previous trial

Seocho 2010west 3196 (Law No. 19, 2012)

Title

The income from the management expenses collected by the plaintiff on behalf of the dry Association shall not be deemed to belong to the plaintiff.

Summary

(As in the judgment of the court of first instance) In light of the fact that the management expenses are collected and executed on behalf of the dry Association in accordance with a special agreement on the entrusted management services between the plaintiff and the dry Association, and that it cannot be deemed that the revenue amount of the management expenses belongs to the plaintiff, and the plaintiff is liable to pay value-added tax and corporate tax on the service expenses incurred in the provision of the entrusted management services, the initial disposition on the provision of the management

Related statutes

Article 13 of the Value-Added Tax Act

Article 14 of the Framework Act on National Taxes

Cases

2013Nu8990 Revocation of Disposition of Imposition of Value-Added Tax

Plaintiff, Appellant

AAAAA

Defendant, appellant and appellant

Head of Seoul Central Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2012Guhap19519 decided February 8, 2013

Conclusion of Pleadings

July 5, 2013

Imposition of Judgment

August 30, 2013

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim

On July 1, 2010, the defendant revoked the disposition of imposition of the value-added tax for the plaintiff on 2006, OOOO(including additional taxes, and hereinafter the same shall apply), 1, 207, 2007, OOOOO(2, 2007, 1, 2008, OOOOO(2, 2008, 2008, OOOOOO(2, 2009, 2,009, 2006, OOOOO(2, 2006, 2007, 207, 2007, and OOO(2, and 209) for the year of 209.

Purport of appeal

The judgment of the first instance is revoked and the plaintiff's claim is dismissed.

Reasons

The reasons for this judgment are as stated in the reasons for the judgment of the first instance.

If so, the judgment of the first instance is legitimate, the defendant's appeal is dismissed, and it is so decided as per Disposition.

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