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(영문) 서울행정법원 2018.07.19 2017구합82529

증여세부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From October 27, 2009 to October 29, 2004, the Plaintiff is a person who was in office as the representative director of B Co., Ltd. (hereinafter “instant company”) established on August 2, 2004 for the purpose of plastic manufacturing business, and C is the Plaintiff’s spouse, and D is the Plaintiff’s and C’s children as the director of the instant company from October 29, 2015 to October 31, 2015. E and F were in office as C’s branch, and E and F were in office as a director of each of the instant companies from August 2, 2007 to August 2, 2010, and from October 29, 2015 to October 29, 2015; and F from March 31, 2007 to March 31, 2010.

B. The details of issuance of shares at the time of establishment of the instant company and the details of changes in the status of stock holding thereafter are as listed below.

[1,50 shares issued on August 2, 2004 at the time of the incorporation of the company of this case 1,50 shares ; 2,500 shares transferred from F on January 30, 2009 ; hereinafter "the shares of this case ; hereinafter "the shares of this case"); (unit : August 2, 2004) at the time of the division (unit : January 30, 200 ; hereinafter "the second transfer ; 00, 40, 505 shares ( October 66, 2009 ; 10, 100, 204; 10, 150, 150, 150, 150, 150, 150, 150, 100, 100, 1504, 100, 150, 150, 205

C. As a result, the director of the Central Regional Tax Office: (a) conducted an investigation into changes in stocks with respect to the Plaintiff, etc. from April 25, 2016 to May 24, 2016 (hereinafter “instant tax investigation”); (b) on August 2, 2004, the Plaintiff trusted 1,500 shares of the instant case to E; and (c) on the ground that the Plaintiff again trusted 2,500 shares of the instant company out of the 4,000 shares of the instant company that were trusted in title to F on the same day, on the ground that he/she again trusted 2,50 shares of the instant case to E on January 30, 209, on the ground that he/she again trusted 2,500 shares to E.