(심리불속행) 재공품 일부가 완제품에 가깝다고 하여 재공품과 완제품의 차액을 증여하였다고 단정하기 어려움[국패]
Seoul High Court 2014Nu73090 (2015.09.04)
Seocho 2012west 5198 ( December 06, 2013)
(C) It is difficult to readily conclude that part of the re-processed goods is close to finished goods and donated the difference between the re-processed goods and finished goods.
(C) It is difficult to conclude that the difference between the goods and the finished goods has been donated because some parts of the goods are different from the finished goods, even if they are in a state that can constitute a finished product immediately, when transferring the goods to another company controlled by the father in the company controlled by the father.
Article 60 (1) of the Inheritance Tax and Gift Tax Act / [the Principle of Appraisal, etc.]
Article 42 (1) of the Inheritance Tax and Gift Tax Act / [Donation, etc. of Other Profits]
2015Du52951 Revocation of Disposition of Imposition of Gift Tax
Ma-○
○ Head of tax office
Seoul High Court Decision 2014Nu73090 Decided September 4, 2015
January 14, 2016
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.