Case Number of the immediately preceding lawsuit
Seoul High Court (Chuncheon) 2011Nu1059 (Law No. 29, 2012)
Case Number of the previous trial
early 2010 Heavy140 (20 July 20, 2010)
Title
(A) Administrative litigation against a taxation disposition shall not be filed unless it has undergone a request for examination or a request for trial.
Summary
(C) The court below's decision that the plaintiff filed the lawsuit of this case without going through a prior trial procedure, such as a request for a review, a request for a trial, and a decision thereon. The court below's decision that the plaintiff filed the lawsuit of this case is unlawful because the lawsuit of this case is not going through a prior trial procedure.
Cases
2012du20649 Disposition of revocation of the imposition of value-added tax
Plaintiff-Appellant
AAAA Corporation
Defendant-Appellee
Head of the tax office
Judgment of the lower court
Seoul High Court (Chuncheon) Decision 2011Nu1059 Decided August 29, 2012
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but it is clear that the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same 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