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(영문) 대법원 2014. 07. 01. 선고 2014두4214 판결

(심리불속행) 원고들이 정당한 사유 없이 이 사건 주식을 시가보다 현저히 높은 가액으로 양도하였다고 볼 수 없음[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu18614 (Law No. 24, 2014)

Title

(Reorder of Hearing) The plaintiffs cannot be deemed to have transferred the shares of this case at a price significantly higher than the market price without justifiable grounds.

Summary

(2) The court below held that the transfer of shares of this case constitutes a transaction conducted in return for payment for the transfer of the position of a KOSDAQ-listed corporation, and that there is a justifiable reason to be done at a price higher than the market price in the open market in light of the transaction practice.

Cases

2014Du4214 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

1. ParkA 2. GaB

Defendant-Appellee

The director of the tax office.

Judgment of the lower court

Seoul High Court Decision 2013Nu18614 Decided January 24, 2014

Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. Thus, all of the appeals are dismissed under Article 5 of the same Act. It is so decided as