Seoul High Court 2015Nu31987 ( July 7, 2015)

(Trial without Trial) There is a justifiable ground for a stock transaction between unrelated persons.

(C) The gift tax imposition under the premise of abnormal transactions is illegal, since it is reasonable to deem that there was an objective reason to view that there was an abnormal reason from a reasonable economic standpoint in the transaction of stocks between persons other than those in a special relationship.

Article 35 of the Inheritance Tax and Gift Tax Act: Gift, etc. of profits accrued from transfer of high value

Examining the lower judgment and the grounds of appeal, the allegation of the grounds of appeal by appellant is in the final appeal procedure.

The reasons referred to in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Settlement of Small and Medium Enterprises shall not be included, or

Since it is recognized that all appeals are dismissed pursuant to Article 5 of the same Act, all participating Justices are dismissed.

It is so decided as per Disposition by the assent of all participating Justices.