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(영문) 서울고등법원 2011. 01. 19. 선고 2010누18088 판결

외부전문가를 영입하는 특수한 사정에 따라 이루어진 거래의 가액은 시가로 볼 수 없음[국승]

Case Number of the immediately preceding lawsuit

Incheon District Court 2009Guhap3402 (27 May 2010)

Title

The value of transactions conducted according to special circumstances in which external experts are recruited shall not be deemed the market price.

Summary

(As with the judgment of the court of first instance) The value of the limited transaction, which is conducted according to the special circumstances in which external experts related to the business are recruited, is not recognized as the market value, and the transaction value is recognized as being objectively unfair even if it is not traded with a person with a special relationship, it shall not be deemed as the market value.

Cases

2010Nu18088 Revocation of Disposition of Imposition of Gift Tax

Plaintiff and appellant

Section AA

Defendant, Appellant

○ Head of tax office

Judgment of the first instance court

Incheon District Court Decision 2009Guhap3402 Decided May 27, 2010

Conclusion of Pleadings

December 15, 2010

Imposition of Judgment

January 19, 2011

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked, and the imposition of KRW 152,682,29 against the plaintiff on June 4, 2008 by the defendant shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation concerning this case is the same as the part of the judgment of the court of first instance, and thus, it can be accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Consultations

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.