Seoul High Court-2015-Nu-46125 (Law No. 18, 2016)

(Trial Disorder) The imposition of gift tax is lawful on the ground that there is no justifiable reason in light of transaction practices.

(C) If the Plaintiff acquired the gift tax by transferring shares at a higher price, the gift tax is reasonable to impose the gift tax on the Plaintiff, deeming that the Plaintiff acquired the gift tax by transferring shares at a higher price.

Inheritance Tax and Gift Tax Act Article 35(1) of the Inheritance Tax and Gift Tax Act: Donations of profits from transfer at low prices

2016Du4101 Disposition of revocation of imposition of gift tax, etc.

IsaA

O Head of tax office

Seoul High Court Decision 2015Nu46125 Decided May 18, 2016

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per