Case Number of the immediately preceding lawsuit
Seoul High Court-2017-Nu-7670 (Law No. 13, 2018)
Title
Whether a comprehensive acquisition of business is made or not;
Summary
(In the event that the contract of this case does not fall under a comprehensive business transfer and is deemed to fall under a real estate sales contract, the disposition of this case issued on a different premise is unlawful.
Related statutes
Article 10 of the Value-Added Tax Act (Special Cases concerning Supply of Goods)
Cases
2018Du43057 Revocation of Disposition of Imposition of Value-Added Tax
Plaintiff
Kim*
Defendant
*The Director of the Tax Office
Imposition of Judgment
July 23, 2018
Text
All appeals are dismissed.
Of the costs of appeal, the costs of appeal are assessed against the Intervenor, and the remainder are assessed against the Defendant.
Reasons
Examining the judgment of the court below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, all appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices