Seoul Administrative Court 2010Guhap10150 ( August 19, 2010)

early 209west3549 ( December 15, 2009)

Donation due to capital reduction for shares;

Gift tax was imposed on shareholders who received profits from capital reduction, such as equal shares, and the Plaintiff asserts that such deemed gift was in violation of the delegation scope and the principle of tax equality, but the Plaintiff’s assertion is without merit.

2010Nu29620 Revocation of Disposition of Imposing gift tax

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O Head of tax office

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The judgment of the court of first instance is revoked. On July 1, 2009, the imposition of KRW 158,782,490 on the Plaintiff Y, the imposition of KRW 136,773,690 on the Plaintiff Z, the imposition of KRW 136,773,690 on the Plaintiff ZZ, and the imposition of KRW 91,980,393 on the gift tax on Plaintiff YW on July 1, 2009 by the director of the tax office of the defendant OOO shall be revoked.

The reasoning for the court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance. Thus, the court of first instance cites it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. Thus, since the judgment of the court of first instance is justifiable, the plaintiffs' appeal