Seoul High Court-2015-Nu-30120 (20 April 20, 2016)

(Trial Disorder) The imposition of gift tax is lawful on the ground that there is no justifiable reason in light of transaction practices.

(C) If the Plaintiff acquired the gift tax by transferring shares at a higher price, the gift tax is reasonable to impose the gift tax on the Plaintiff, deeming that the Plaintiff acquired the gift tax by transferring shares at a higher price.

Inheritance Tax and Gift Tax Act Article 35(1) of the Inheritance Tax and Gift Tax Act: Donations of profits from transfer at low prices

2016Du40504 Revocation of Disposition of Gift Tax Imposition

KimA

O Head of tax office

Seoul High Court Decision 2015Nu30120 Decided April 20, 2016

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Examining the judgment below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.