Case Number of the immediately preceding lawsuit
Daejeon High Court 201Nu34 (O23, 2012)
Case Number of the previous trial
Cho High Court Decision 2009Hu3513 ( December 18, 2009)
Title
(Incompetence of hearing) It constitutes a case in which a suit for retrial cannot be filed.
Summary
(Summary of the Supreme Court Decision 201Da14489 delivered on April 2, 201, the Supreme Court Decision 2019Da14669 delivered on April 2, 201, which held that the original judgment cannot be brought a new judgment on the grounds of omission in the judgment.
Related statutes
Article 8 of the Administrative Litigation Act
Article 451 of the Civil Procedure Act
Cases
2012du12471 Revocation of disposition of imposing capital gains tax
Plaintiff (Re-Appellant)-Appellant
Park XX
Defendant (Re-Defendant)-Appellee
The Director of the National Tax Service
Judgment of the lower court
Daejeon High Court Decision 2011Nu34 decided May 23, 2012
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff (Plaintiff).
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by
Reference materials.
If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final