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(영문) 서울고등법원 2015. 12. 10. 선고 2015누41694 판결

시가를 산정하기 어려운 경우 보충적 평가방법으로 주식의 가액을 산정함[국승]

Case Number of the immediately preceding lawsuit

Incheon District Court 2014Guhap2120 ( April 2, 2015)

Title

If it is difficult to calculate the market price, the value of shares shall be calculated by supplementary valuation methods.

Summary

(The same as the judgment of the court of first instance) In order to conclude the lawsuit on the reversion of inherited property, the value of shares was arbitrarily determined and settled in accordance with the agreement with the other party to the lawsuit in order to settle the lawsuit, and the market price cannot be said to be the market price since it is difficult to calculate the market price due to the lack of water supply of the sale price

Related statutes

Article 60 of the Inheritance Tax and Gift Tax Act: Principles of Appraisal

Cases

2015Nu41694 Invalidity of the disposition of imposition of inheritance tax

Plaintiff and appellant

(O)

Defendant, Appellant

The director of the Southern Incheon District Office

Judgment of the first instance court

Incheon District Court Decision 2014Guhap2120 Decided April 2, 2015

Conclusion of Pleadings

November 19, 2015

Imposition of Judgment

December 10, 2015

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance court is revoked. On December 1, 2013, the defendant confirmed that the disposition of imposition of KRW 84,085,190 (hereinafter referred to as the "disposition of this case") against the plaintiff on December 1, 2013 is null and void.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's judgment is the same as that of the judgment of the court of first instance, and thus, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.