beta
(영문) 대법원 2014. 01. 16. 선고 2013두19769 판결

다른 법인 발행 신주인수권부사채 중 신주인수권만을 취득・행사하여 얻은 이익 에 대한 증여세 부과처분[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu8280 (Seoul High Court 2013.08.21)

Title

Imposition of gift tax on profits acquired by acquiring and exercising only preemptive rights among bonds with warrant issued by another corporation

Summary

In light of the fact that the person was a representative director of the corporation at the time of exercising the preemptive right, it is difficult to deem that there is a justifiable reason in terms of transaction practice.

Related statutes

Article 42 of the Inheritance Tax and Gift Tax Act

Cases

2013Du19769 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

doorA Form

Defendant-Appellee

Head of the High Tax Office

Judgment of the lower court

Seoul High Court Decision 2013Nu8280 Decided August 21, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The judgment of the court below and the appellate brief all of the records of this case, but the appellant's ground of appeal is not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal or it is recognized that there is no reason. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by