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(영문) 서울고등법원 2013. 06. 05. 선고 2012누39775 판결
경정청구 기간 내인 이상 동일한 내용으로 반복하여 경정청구 할 수 있음 [국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2012Gudan1259 ( November 14, 2012)

Case Number of the previous trial

early 2012,0014 (O21, 2012)

Title

The same and the same content of the application period for rectification may be repeatedly filed.

Summary

(The same as the judgment of the first instance court) If the declaration of rejection is clearly stated after the rejection of a request for correction, the new disposition shall be deemed to have been made, and since the second request for correction may repeatedly be filed within the period of filing a request for correction, the disposition rejecting the second request for correction is unlawful on the grounds that the second request for correction cannot be filed.

Cases

2012Nu3975 Revocation of Disposition rejecting capital gains tax rectification

Plaintiff, Appellant

ThisAAA

Defendant, appellant and appellant

The head of Yangcheon Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2012Gudan11259 decided November 14, 2012

Conclusion of Pleadings

May 22, 2013

Imposition of Judgment

June 5, 2013

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The defendant's refusal disposition of August 16, 201 against the plaintiff's application for correction of capital gains tax as of June 16, 201 is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

The reasoning of the judgment of the court is the same as that of the judgment of the court of first instance, and it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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