Seoul Administrative Court 2012Guhap40674 ( March 31, 2013)

The plaintiffs cannot be deemed to have transferred the shares of this case at a price significantly higher than the market price without justifiable grounds.

It is reasonable to view that the transfer of shares in this case is done in return for the transfer of the position of a KOSDAQ-listed corporation, and it constitutes a case where there is a justifiable reason to make a transaction at a price higher than the market price in the open market.

Article 35(2) of the former Inheritance Tax and Gift Tax Act

2013Nu18614 Revocation of Disposition of Imposition of Gift Tax

1. ParkA 2. GaB

The director of the tax office.

Seoul Administrative Court Decision 2012Guhap40674 decided May 31, 2013

January 10, 2014

January 24, 2014

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Cheong-gu Office

The Defendant’s imposition of gift tax OOO on December 1, 201 against Plaintiff Parkba and Plaintiff ParkB on the gift tax imposed on Plaintiff Parkba shall be revoked.

subsection (1)

The judgment of the first instance is revoked, and the plaintiffs' claims are dismissed.

The reasoning of this decision is as stated in the reasoning of the judgment of the court of first instance, except for the correction to "the fact that the calculation of the stock value of CC accounting corporation was made arbitrarily without any reasonable ground," which seems to have been likely to have been accompanied by Section 15 of the judgment of the court of first instance as stated in Section 8, and the statement in Section 2 through 8 alone is not sufficient to recognize that the calculation of the stock value of CC accounting corporation was made arbitrarily without any reasonable ground." If so, the plaintiffs' claims are accepted for reasons, and the judgment of the court of first instance is just as it is, and therefore, the