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(영문) 대법원 2017. 12. 27. 선고 2017두62266 판결
원고가 주장하는 재고자산 과다계상에 대하여 법원감정인이 평가한 비상장주식의 1주당 가액이 과다평가 되었는지 여부[국패]
Case Number of the immediately preceding lawsuit

Daejeon High Court (Cheongju)-2016-Nu-10214 ( August 30, 2017)

Title

Whether the value per stock of the unlisted stocks appraised by the court appraiser has been excessive in relation to the excessive appropriation of the inventory assets claimed by the plaintiff

Summary

(2) As of December 31, 2009, the court appraiser appraised that the assessed amount per share pursuant to the supplementary evaluation method stipulated by the former Inheritance Tax and Gift Tax Act of the instant shares as of December 31, 2009 is KRW 2,305. If the amount is the smaller amount than the acquisition value between the Plaintiff and the seller, the disposition of the instant case by the Defendant is unlawful.

Cases

2017Du62266 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

OO

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Daejeon High Court Decision 2016Nu10214 Decided August 30, 2017

Imposition of Judgment

December 27, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

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

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