Supreme Court Decision 2007Du1361 ( October 12, 2009)

Cho High Court Decision 2004Do3457 (O. 25, 2005)

shares acquired without compensation shall not be deemed to constitute an independent property separate from the existing shares.

Although it is judged that the shares acquired without compensation fall under an independent property separate from the existing shares in legal form, it is merely divided, so it cannot be viewed that the shares held in title trust were held separately from the existing shares in title trust.

The contents of the decision shall be the same as attached.

1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

1. Purport of claim

The Defendant revoked each disposition of the gift tax of KRW 55,529,760 on May 1, 2004 and KRW 2,570,420,710 on the gift tax of KRW 200 on the gift tax of KRW 199 (2,604,251,70 on the gift tax of KRW 200 on the gift tax of KRW 2,604,251,70 on the gift tax of 200 on the Plaintiff

2. Purport of appeal

The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

The reasoning for the court’s explanation on this case is as stated in the judgment of the court of first instance, except that “the occurrence of shares” under the fifth above of the judgment of the court of first instance is “issuance of shares,” and “the occurrence of shares falls under heavy taxation” under the fifth above is “this constitutes heavy taxation or it is contrary to the principle of proportionality,” and thus, it is identical to the statement of the judgment of the court of first instance. Accordingly, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

Therefore, the judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed as it is without merit.

It is so decided as per Disposition.