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Case Number of the immediately preceding lawsuit
Seoul High Court-2015-Nu-47012 (No. 13, 2016)
Title
Whether a long-term exclusion period for taxation is applied because the sale of low price of bonds falls under fraudulent or other unlawful acts
Summary
In order to manipulate the rate of return on the fund, the low-price sale of the claim corresponding to the act of breach of trust constitutes fraud or other unlawful act, and the period of exclusion for ten years is applied.
Related statutes
Article 26-2 of the National Tax Basic Act
Cases
2016Du32725 Revocation of Disposition of Imposing Corporate Tax
Plaintiff, Appellant
AAAAAA Limited Liability Company
Defendant, appellant and appellant
BB Director of the Tax Office
Judgment of the lower court
Seoul High Court Decision 2015Nu47012 Decided January 13, 2016
Imposition of Judgment
April 29, 2016
Text
1. The appeal is dismissed.
2. The costs of appeal are assessed against the Defendant.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by