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(영문) 대법원 2016. 05. 12. 선고 2016두32558 판결
시가를 산정하기 어려운 경우 보충적 평가방법으로 주식의 가액을 산정함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-41694 ( December 10, 2015)

Title

If it is difficult to calculate the market price, the value of shares shall be calculated by supplementary valuation methods.

Summary

(2) During the lawsuit for the attribution of inherited property, the value of shares was determined and settled at will in accordance with an agreement with the other party to the lawsuit in order to close the lawsuit, and the market price cannot be said to be the market price as it is difficult to calculate the market price. Therefore, the price calculated according to the supplementary method of assessment is legitimate.

Related statutes

Article 60 of the Inheritance Tax and Gift Tax Act: Principles of Appraisal

Cases

2016Du32558 Invalidity of a disposition imposing inheritance tax

Plaintiff-Appellant

(O)

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu41694 Decided December 10, 2015

Imposition of Judgment

obs 2016.12

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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