Seoul High Court-2018-Nu-70082 ( October 24, 2019)

(C) In addition to the existing title trust shares, the provisions on deemed donation for gratuitous grant allocated according to the capitalization of earned surplus are not applicable.

(main point of the original trial) Since it is judged that it is not a gratuitous share allocated in proportion to the shares held by capital surplus or earned surplus, it is subject to the regulations on deemed donation.

Article 45-2 of the Inheritance Tax and Gift Tax Act

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal 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 above Act. It is so decided as per Disposition by