Case Number of the immediately preceding lawsuit
Suwon District Court 2013Guhap4823 (O3.18, 2014)
Title
General consultation that a tax official gives to a civil petitioner can not be regarded as a public statement of opinion.
Summary
In full view of all the evidence submitted by the Plaintiff, it is insufficient to recognize that a tax official has made a statement of opinion meeting the above requirements, and there is no other evidence to acknowledge it.
Related statutes
Article 15 of the Framework Act on National Taxes
Cases
2014Nu43273 Revocation of disposition of imposing capital gains tax
Plaintiff and appellant
aa
Defendant, Appellant
Head of the Office of Government
Judgment of the first instance court
January 27, 2013
Conclusion of Pleadings
November 19, 2014
Imposition of Judgment
December 10, 2014
Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The judgment of the court of first instance shall be revoked. The defendant shall revoke the disposition of imposition of capital gains tax of KRW 000 on June 1, 2012 to the Dobbb.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this court's judgment is as follows, except for the dismissal of the following matters, and thus, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
○ The second 1,6,8, and the third 13rd 1, 6, 8, and 13th 13th 2th , shall be considered as “the network ○○,” and other “Plaintiffs” as “Plaintiffs,” respectively.
○ On the second 9th 9th thm of the first instance judgment, “D. The deceased on August 13, 2014 after filing an appeal, and the Plaintiffs, who are co-inheritors, taken over the instant lawsuit (A No. 12, 13, 14).
shall add "each entry in the evidence)".
2. Conclusion
The judgment of the first instance is justifiable. All appeals filed by the plaintiffs are dismissed.