Seoul High Court 2014Nu66016 ( October 23, 2015)

Where it is apparent that the taxable subject of taxation is not subject to investigation, it shall not be subject to the immediate invalidation.

If the company's shareholder registry is formally listed only in the company's shareholder registry and cannot be seen as a substantial shareholder, but it can only be identified that the facts are subject to taxation on certain legal relations or facts which are not subject to taxation, the unlawful taxation does not necessarily constitute invalid.

Article 39 of the Framework Act on National Taxes

2015du42633 Confirmation of the existence of shareholders' rights

This AA et al.

Korea

Seoul High Court Decision 2014Nu66016 Decided April 23, 2015

on 19, 2015

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Examining the judgment of the court below and the grounds of appeal, the grounds of appeal by the appellant are not included in the subparagraphs of Article 4 (1) of the Act on Special Cases Concerning the Procedure for Appeal or are deemed to fall under each subparagraph of paragraph (3). Thus, all appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent