Seoul High Court 2009Nu38772 (2010.07.01)

National High Court Decision 2007Du5059 ( December 31, 2008)

Amount received in excess of the acquisition value of shares after transferring equity shares shall be deemed to constitute deemed dividend.

Where a person transfers equity shares and receives repayment of the real estate price in excess of the equity shares, the amount of excess shares shall be deemed as deemed the fictitious dividend, and the transferred shares remain in the list of investors due to the failure to complete the incineration procedure.

The contents of the decision shall be the same as attached.

44 44 44 44 44 45 44 444 64 44

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

쇠鹬 쇠鹬 3000 쇠鹬 3000

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal or are recognized as groundless. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per