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(영문) 대법원 2014. 02. 13. 선고 2013두22000 판결
(심리불속행)제3자 배정방식에 의한 유상증자에 참여하여 증여이익이 발생한 것임[국승][국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu12135 (Law No. 26, 2013.09)

Case Number of the previous trial

Seocho 2012west 1328

Title

(B) that there is a benefit of donation by participating in the capital increase with capital increase in accordance with the method of allocation to a third party (negative)

Summary

(1) It cannot be deemed that the issue price at the time of the increase of the summary does not exceed the scope of the discount rate under the Securities Issuance Regulations or there is no benefit of donation deemed to be no benefit of donation solely on the ground that the Financial Supervisory Service has approved it

Cases

2013Du22000 Revocation of Disposition of Imposing gift tax

Plaintiff-Appellant

KimA

Defendant-Appellee

The head of Yangcheon Tax Office

Judgment of the lower court

Seoul High Court Decision 2013Nu12135 Decided September 26, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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