Seoul High Court-2017-Nu-52353 ( October 17, 2017)

Seocho 2016west 1642 ( December 9, 2015)

(D) The appraisal of shares paid in consideration of the transfer shall be based on the date of the opening in the name of the transferee.

In principle, the date of transfer of assets shall be the date of settlement of the price, or in case of transfer of assets before settlement of the price, the date of receipt entered in the list, etc., i.e., the date of transfer of assets

Article 98 of the Income Tax Act, Article 162 of the Enforcement Decree of the Income Tax Act

2017du68714 Revocation of disposition rejecting capital gains tax rectification

New AA et al.

O Head of tax office

on October 28, 2018

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Examining the judgment of the court below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, all appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices

February 28, 2018