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(영문) 서울고등법원 2019. 05. 01. 선고 2018누70716 판결

회계법인이 순손익가치를 음수로 적용한 비상장주식의 평가액은 시가에 해당하지 않음[국승]

Case Number of the immediately preceding lawsuit

Incheon District Court-2018-Gu Partnership-50400 ( October 04, 2018)

Case Number of the previous trial

Cho Jae-2017-China-3971 ( November 08, 2017)

Title

The appraised value of unlisted stocks which the accounting corporation has applied in a negative manner the net profit and loss value shall not fall under the market price.

Summary

(As in the first instance judgment, it is difficult to see that an accounting firm’s evaluation of unlisted stocks constitutes an assessment method that adequately reflects the objective value of the stocks, which is more reflected than the net asset value factor in the future.

Related statutes

Article 49 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act

Cases

2018Nu70716 Revocation of Disposition of Imposition of Gift Tax

Plaintiff and appellant

○○ and 3 others

Defendant, Appellant

○ Head of tax office et al.

Judgment of the first instance court

Incheon District Court Decision 2018Guhap50400 Decided October 04, 2018

Conclusion of Pleadings

oly 2019.10

Imposition of Judgment

2019.05.01

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The disposition of imposition of each gift tax (including additional tax) on the attached Form No. 1 shall be revoked.

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 plaintiffs' claim of this case is dismissed due to the lack of reason, and the judgment of the court of first instance is just in conclusion, and the plaintiffs' appeal is dismissed in entirety.