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(영문) 서울고등법원 2013. 11. 22. 선고 2012누32835 판결
세무조사 대상 세목 등을 사전에 통지하지 않았으나 처분의 위법성에 영향을 미칠 중대한 것으로 보이지 않음[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2010Guhap15972 (20 September 20, 2012)

Title

Although not notifying in advance the tax items, etc. subject to the tax investigation, it is not likely to have an impact on the illegality of the disposition.

Summary

A taxpayer was notified of the tax items, etc. 10 days prior to the commencement of the investigation, and did not notify the Plaintiff of the tax items, etc. subject to investigation prior to the commencement of the investigation, but the procedural defect is not deemed to have a significant impact on the illegality of the disposition of this case.

Related statutes

Article 81-7 of the Framework Act on National Taxes

Cases

2012Nu32835. Revocation of imposition of aggregate land tax, etc.

Plaintiff and appellant

United Kingdom A

Defendant, Appellant

1.The Director of the Water Resources Tax Office;

Intervenor joining the Defendant

KimB

Judgment of the first instance court

Suwon District Court Decision 2010Guhap15972 Decided September 20, 2012

Conclusion of Pleadings

October 15, 2013

Imposition of Judgment

November 22, 2013

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal, including the costs of supplementary participation, are borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked.

On May 3, 2010, the head of Suwon Tax Office imposed OOOO on the Plaintiff on May 3, 201, and the head of Dongwon Tax Office imposed OOOOOOO on the Plaintiff on May 4, 201, respectively.

Reasons

1. Quotation of judgment of the first instance;

The court's explanation on this case is the same as the statement of the reasons for the decision of the court of first instance. Thus, the court's explanation is based on Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim seeking the revocation of each disposition of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and all appeals against the defendants are dismissed. It is so decided as per Disposition.

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