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(영문) 서울고등법원 2016.05.10 2015누60862
취득세 등 경정거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds for the court’s explanation on this part of the Plaintiff’s assertion are as stated in the corresponding part of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Whether the instant disposition is lawful

(a) The details of the relevant statutes are as shown in the attached statutes;

B. (1) Determination 1) Evidence Nos. 2, 14, 15, 7, and 8 (including branch numbers, if any; hereinafter the same shall apply) as to whether the Plaintiff acquired the instant land following the merger.

(1) Each of the above statements alone is insufficient to deem that the High Time Corporation acquired the instant land as an investment in kind from the High time Corporation to the High time Corporation. Rather, the investment in kind is an acquisition time when it pays the shareholder’s rights and duties in return for the acquisition of the goods in kind and actually acquires the goods in kind or registers the ownership transfer of the goods in kind. According to the evidence mentioned above and evidence No. 3, No. 21, No. 13 and No. 16, the High time Corporation and the High time Facility Management Corporation were merged on April 1, 201, and accordingly, the Plaintiff prepared a certificate of acquisition of the instant land in kind on May 16, 201, and the Plaintiff’s capital was increased from 6,40,000,000 to 78,969,252,000,000, and the Plaintiff’s capital was increased by 10,010,000,000 of the shares of the Plaintiff’s capital in kind on the same date.

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