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(영문) 대법원 2013. 01. 15. 선고 2012두20687 판결
(심리불속행) 교환가치를 반영한 거래로 인하여 형성된 가격은 시가에 해당함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu487 (Law No. 23, 2012)

Case Number of the previous trial

Cho High Court Decision 2010Du4075 (No. 28, 2011)

Title

(C) The price formed by a transaction that reflects the exchange value shall fall under the market price.

Summary

(C) A price formed through normal transactions that reflects the objective exchange values of shares and reflects the management and financial status of the company and determines the purchase price through substantial price negotiations. It falls under the market price, because it is a price formed through normal transactions that reflects the reasonable exchange values of shares.

Cases

2012Du20687 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellee

Gux

Defendant-Appellant

The Director of Gangnam District Office

Judgment of the lower court

Seoul High Court Decision 2012Nu487 Decided August 23, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

While examining the grounds of appeal in comparison with the records of this case, the argument on the grounds of appeal is not deemed to have been rejected or not to include the grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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