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(영문) 대법원 2016. 04. 15. 선고 2016두30941 판결

객관적인 교환가치를 반영한 거래실례가 없어 보충적 평가방법에 따른 평가는 적법함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu44044 ( December 29, 2015)

Case Number of the previous trial

early 2013 Middle 2104 ( October 16, 2013)

Title

Evaluation according to supplementary evaluation methods is legitimate because there is no example of transaction that reflects objective exchange values.

Summary

The acquisition price of shares at the time of capital increase is difficult to be considered as the market price reflecting the objective exchange value formed by the general and normal transaction, and there is no other evidence to prove the market price, so it is legitimate to calculate the price of the shares in this

Related statutes

Article 60 of the Inheritance Tax and Gift Tax Act

Cases

Supreme Court Decision 2016Du30941 Decided revocation of Disposition of Gift Tax

Plaintiff-Appellant

김ㅇㅇ

Defendant-Appellee

o Head of the tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu44044 Decided December 10, 2015

Imposition of Judgment

April 15, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

Judges

Supreme Court