증여세부과처분취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the court’s explanation concerning this case are as follows: (a) the following is added to the “only recognized” of the 8th judgment of the court of first instance; and (b) the following is the same as the reasons for the judgment of the court of first instance, except for addition of the determination of the Plaintiffs’ new arguments in the court of first instance in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
[Plaintiffs claim that the proviso of Article 31(2)1 of the Enforcement Decree of the former Enforcement Decree of the Inheritance and Gift Tax Act shall apply in cases where it is practically not possible for a company to continue to exist even if it does not take the procedure of dissolution at the time of debt exemption. However, the Commercial Act as a reason for dissolution of a corporation lists “the occurrence of any other cause as stipulated by the articles of incorporation, order or judgment of the court of bankruptcy regarding merger, division or merger through division, or resolution at the general meeting of shareholders” (Article 517 and Article 227 of the Commercial Act). The proviso of Article 31(2)1 of the former Enforcement Decree of the Inheritance and Gift Tax Act excludes merger or division among the above reasons for dissolution and does not have any separate provision on the definition of “Dissolution”. Thus, it is reasonable to view that the proviso of Article 31(2)1 of the former Enforcement Decree of the Inheritance and Gift Tax Act applies only in cases where a cause for dissolution (excluding merger or division) occurred under the Commercial Act.
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2. Additional determination
A. Article 41(1) of the Inheritance and Gift Tax Act (amended by Act No. 9916, Jan. 1, 2010) stipulates that even if the scope of benefits that a shareholder, etc. of a certain corporation has been delegated by Presidential Decree, delegation to the Enforcement Decree of the Act on the Prohibition of Comprehensive Delegation is contrary to the principle of prohibition of delegation.
B. Article 2(1) of the Inheritance and Gift Tax Act provides that donated property by another person’s donation is subject to gift tax.