Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2012Guhap31809 (2013.05)
Case Number of the previous trial
Seocho 2012west 1328
Title
It is the fact that the profit from donation has been generated by participating in the capital increase increase by the third party allotment method (National Subscription)
Summary
(1) The issue price at the time of increase in the value of a gift shall not exceed the scope of the discount rate under the Securities Issuance Regulations, or it shall not be deemed that there exists no profit from donation deemed to exist only on the ground that the approval of the Financial Supervisory Service was granted.
Cases
2013Nu12135 Revocation of Disposition of Imposition of Gift Tax
Plaintiff and appellant
KimA
Defendant, Appellant
The head of Yangcheon Tax Office
Judgment of the first instance court
Seoul Administrative Court Decision 2012Guhap31809 decided April 5, 2013
Conclusion of Pleadings
September 5, 2013
Imposition of Judgment
September 26, 2013
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. The imposition of the gift tax OOO on August 1, 201 by the defendant against the plaintiff shall be revoked.
Reasons
The reason for the judgment of the first instance is reasonable, and therefore, it is cited as the reason for this judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil
The plaintiff's appeal is dismissed for lack of reason.