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(영문) 대법원 2019. 01. 17. 선고 2018두58042 판결

이 사건 주식의 증여는 사업양수도에 해당하지 않음[국패]

Title

The gift of the shares in this case does not constitute a transfer of business.

Summary

It is difficult to see that the donation of the shares of this case constitutes the "business acquisition limit" under Article 42 (1) 3 of the Inheritance Tax and Gift Tax Act, and there is no other evidence to acknowledge it. The appellant's ground of appeal on the grounds of appeal is a Article 4 of the Act on Special Cases Concerning the

Related statutes

The donation of other profits under Article 42 of the Inheritance Tax and Gift Tax Act

Cases

2018Du58042 Revocation of Disposition of Gift Tax Imposition

Plaintiff

○○○ 2

Defendant

○○ Head of Tax Office et al.

Conclusion of Pleadings

January 17, 2019

Imposition of Judgment

January 17, 2019

Text

1. All appeals are dismissed.

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

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the allegation of the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore

All appeals are dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.