Case Number of the immediately preceding lawsuit
Incheon District Court-2018-Gu Partnership-50400 ( October 04, 2018)
Case Number of the previous trial
Cho Jae-2017-China-3971 ( November 08, 2017)
Title
The appraised value of unlisted stocks which the accounting corporation has applied in a negative manner the net profit and loss value shall not fall under the market price.
Summary
(As in the first instance judgment, it is difficult to see that an accounting firm’s evaluation of unlisted stocks constitutes an assessment method that adequately reflects the objective value of the stocks, which is more reflected than the net asset value factor in the future.
Related statutes
Article 49 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act
Cases
2018Nu70716 Revocation of Disposition of Imposition of Gift Tax
Plaintiff and appellant
○○ and 3 others
Defendant, Appellant
○ Head of tax office et al.
Judgment of the first instance court
Incheon District Court Decision 2018Guhap50400 Decided October 04, 2018
Conclusion of Pleadings
oly 2019.10
Imposition of Judgment
2019.05.01
Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The disposition of imposition of each gift tax (including additional tax) on the attached Form No. 1 shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reason why the court uses this case is the same as the entry of the reasoning of the judgment of the court of first instance. Thus, it is citing this in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the plaintiffs' claim of this case is dismissed due to the lack of reason, and the judgment of the court of first instance is just in conclusion, and the plaintiffs' appeal is dismissed in entirety.