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(영문) 서울고등법원 2018. 05. 02. 선고 2017누76649 판결
재심제기기간을 도과하여 재심을 제기하였으므로 소송요건을 충족하지 못하여 부적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2017Regrix88 (21, 2017.09)

Title

Since a review was filed with the lapse of the period of filing the review, it is illegal to meet the requirements of the lawsuit.

Summary

When a written judgment was served, the grounds for retrial should be deemed to be the day on which the grounds for retrial were known, and the retrial was filed after 30 days from that time.

Related statutes

Article 456 of the Civil Procedure Act: Period for Filing Petition for Retrial

Cases

Seoul High Court 2017Nu76649 Invalidity of a disposition imposing gift tax

Plaintiff and appellant

Song AA

Defendant, Appellant

Head of Seocho Tax Office

Judgment of the first instance court

on 21, 2017

Conclusion of Pleadings

on October 04, 2018

Imposition of Judgment

on October 02, 2018

Text

1. The plaintiff (the plaintiff)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Plaintiff).

purport of request and request for retrial, and purport of appeal

The judgment of the first instance court is revoked. The disposition imposing gift tax of KRW 00,000,00,000, which the defendant (the defendant for review) rendered to the plaintiff (the plaintiff for review) on X. 201 X.

Reasons

1. Quotation of judgment of the first instance;

The reason why the court uses this case is the same as the entry of the reasoning of the judgment of the court of first instance. Thus, it is citing this in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the appeal of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just as it is concluded, and thus, the appeal of the plaintiff (the plaintiff for retrial) is dismissed.

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