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(영문) 서울행정법원 2014.12.23 2014구합52657

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. B, on May 3, 2007, changed from “A” corporation listed in the securities market to “D” on June 2007, and changed from “C” corporation to “B” corporation on September 201, 201; hereinafter “instant company”) to acquire management rights of the said company from the existing major shareholders F. The instant company agreed to acquire management rights of the said company. On the same day, the instant company decided to accept an amount equivalent to 24% of the shares of the Plaintiff, a Russia-based limited liability company, in order to enter the development business, such as genetic exploration and extraction, and made a resolution of the board of directors on capital increase with respect to capital increase in the method of allocating a third party for the purpose of raising the fund.

B. Meanwhile, in order to offer securities worth at least two billion won under the former Securities and Exchange Act (amended by Act No. 8635 of Aug. 3, 2007, Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act; hereinafter the same shall apply), an issuer shall submit a securities registration statement to the Financial Supervisory Commission in accordance with Article 8 of the former Securities and Exchange Act and Article 2 of the former Enforcement Rule of the Securities and Exchange Act (amended by Ordinance No. 885 of Aug. 4, 2008, Article 2 of the Addenda to the Enforcement Rule of the Financial Investment Services and Capital Markets Act; hereinafter the same shall apply). On May 3, 2007, the company of this case filed a corrective registration statement with the Financial Supervisory Commission on two occasions, but it received an order to submit a corrective registration statement from the Financial Supervisory Commission on August 1, 2007, which is merely 49 persons who were final parties to allocation of securities, and does not fall under Article 2(3) of the former Securities and Exchange Act and the former Enforcement Decree (amended by Presidential Decree No. 25414 of the Securities and Exchange Act.

Since then, the company of this case shall report on August 16, 2007 without reporting on securities.