거래의 관행상 정당한 사유가 인정되어 증여세 과세는 위법함[국패]
Suwon District Court 2012Guhap4013 ( October 24, 2012)
early 201J 3383 ( December 28, 2011)
Gift tax is illegal if there is a legitimate reason for the practice of transaction.
(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.
2012Nu35964 Revocation of Disposition of Imposition of Gift Tax
AAA
Head of Sungnam Tax Office
Suwon District Court Decision 2012Guhap4013 Decided October 24, 2012
May 22, 2013
July 3, 2013
1. The defendant's appeal is dismissed.
2. The use of port consumption shall be borne by the Defendant.
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.
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