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red_flag_2(영문) 서울고등법원 2013. 07. 03. 선고 2012누35964 판결

거래의 관행상 정당한 사유가 인정되어 증여세 과세는 위법함[국패]

Case Number of the immediately preceding lawsuit

Suwon District Court 2012Guhap4013 ( October 24, 2012)

Case Number of the previous trial

early 201J 3383 ( December 28, 2011)

Title

Gift tax is illegal if there is a legitimate reason for the practice of transaction.

Summary

(As with the judgment of the court of first instance) In full view of the fact that the acquisition of the shares in this case by transfer appears to be due to the investor’s expectation that the share price will increase due to the merger, etc. does not constitute acquisition of the property at a price significantly lower than the market price without justifiable grounds in light of transaction practices.

Cases

2012Nu35964 Revocation of Disposition of Imposition of Gift Tax

Plaintiff, Appellant

AAA

Defendant, appellant and appellant

Head of Sungnam Tax Office

Judgment of the first instance court

Suwon District Court Decision 2012Guhap4013 Decided October 24, 2012

Conclusion of Pleadings

May 22, 2013

Imposition of Judgment

July 3, 2013

Text

1. The defendant's appeal is dismissed.

2. The use of port consumption shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The Defendant’s disposition imposing gift tax of KRW 000 on the Plaintiff on August 11, 201 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

The reasoning of the judgment of this court is the same as that of the first instance court, and it is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The judgment of the first instance is justifiable. The appeal filed by the