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(영문) 광주고등법원 2014. 04. 28. 선고 2014누19 판결
고가 현물출자에 대하여 법인세법상 부당행위계산부인에 의한 배당소득 처분[국승]
Case Number of the immediately preceding lawsuit

Jeonju District Court 2012Guhap4248 ( December 04, 2013)

Case Number of the previous trial

The early 2012luminous3483

Title

A disposition of dividend income by a wrongful calculation panel under the Corporate Tax Act against high-priced investment in kind;

Summary

Where an individual entrepreneur is converted into a corporation by transfer or acquisition of business, the assets shall be the market value of the assets, calculated by calculating the net asset value at the book value of the UN loan, and the transfer of stocks shall be evaluated as the market value at the time of conversion and the disposition of dividend income shall be appropriate.

Related statutes

Article 52 (Disstatement of Wrongful Calculation)

Cases

(B)Revocation of the disposition of revocation of notice of change in the amount of income;

Plaintiff and appellant

AAice Co., Ltd.

Defendant, Appellant

Head of the Tax Office

Judgment of the first instance court

Jeonju District Court Decision 2012Guhap4248 Decided December 4, 2013

Conclusion of Pleadings

April 14, 2014

Imposition of Judgment

April 28, 2014

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 shall be revoked. On July 1, 2012, the defendant revoked the notification of the change in the amount of income of the OOO for the plaintiff on July 1, 2012.

Reasons

The court's explanation on this case is based on the following circumstances, i.e., Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, i.e., Article 8 (5) of the Civil Procedure Act, i.e., Article 6-4 (4), 14-16 of the above OOOOOO of the plaintiff 2009 business year, and Article 20 of the OOOO of the judgment of the court of first instance, and Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, i.e., Article 420 of the O.

Therefore, the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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