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(영문) 대법원 2019. 03. 14. 선고 2018두63105 판결
주식상장에 따른 이익에 따른 증여의 과세요건을 충족되어 적법한 처분임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2018Nu38965 ( October 17, 2018)

Case Number of the previous trial

Cho High Court Decision 2015Do4094 ( October 20, 2017)

Title

due to the fulfillment of the taxation requirement of a gift under the interest of stock listing, the

Summary

It is recognized that the requirements for taxation of the donation of profits from the listing of stocks or equity shares are satisfied, and there are no other circumstances to deem otherwise, and the Enforcement Decree, which provides that the largest shareholder shall be subject to the evaluation of the listing marginal profits, does not exceed the limit of the delegation scope.

Related statutes

Article 41-3 (Donation of Profits Accruing from Listing of Stocks or Equity Shares, etc.)

Cases

2018Du63105

Plaintiff-Appellee

○○ and 1

Defendant-Appellant

Head of the District Tax Office

Judgment of the lower court

Seoul High Court Decision 2018Nu38965 Decided October 17, 2018

Imposition of Judgment

March 14, 2019

Text

1. All appeals are dismissed.

2. The costs of appeal are assessed against the plaintiffs.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but their arguments on the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per

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