Suwon District Court-2018-Gu Group-8461 (O5, 019)

Transfer rate of shares transferred by a major shareholder of an emergency small and medium enterprise;

It cannot be interpreted that a "large stockholder" referred to in the above provision is limited to a large stockholder of a stock-listed corporation in consideration of the ratio of stocks held and the total market value of stocks held by the stock-listed corporation as a stock-listed corporation under the Financial Investment Services and Capital Markets Act.

Disposition of revocation of revocation of capital gains tax correction or rejection in the private case 2019Nu10791

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○ Head of tax office

Suwon District Court Decision 2018Gudan8461 Decided May 1, 2019

July 3, 2019

July 17, 2019

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant's rejection of correction of KRW 00,000,000, which was rendered to the plaintiff on January 12, 2018, shall be revoked.

1. Quotation of judgment of the first instance;

The reason why this court is used is that it is the reason for the judgment of the court of first instance except for the following "the dismissal or addition of 2.2." and therefore, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

○ There is 7 conduct in the third place of the judgment of the first instance court, which reads “I do not have,” and “I do not have,” respectively.

○ Decision 6th 6th 6th, 8th 10 parallel 10 parallel 3th 3th 4th 4th 4th and 5th 5th 5th 5th 6th 6th 6th 6th 6th 6th

○ The following judgments shall be added at the sixth fifth of the judgment of the first instance.

3) Of Article 94 (1) 3 (a) of the former Income Tax Act, the part of "transfer by a major shareholder prescribed by Presidential Decree (hereafter referred to as a "major shareholder" in this Chapter) taking into account the ratio of stocks owned, the total market value, etc. as stocks of a stock-listed corporation under the Financial Investment Services and Capital Markets Act (hereinafter referred to as a "stock-listed corporation") shall be deemed to be a portion of "transfer by a major shareholder" (stocks, etc.)" in the above provision is limited to "transfer by a major shareholder" (stocks, etc.) and "major shareholder prescribed by Presidential Decree considering the ratio of stocks owned, the total market value, etc." in the above provision is limited to "transfer by a major shareholder" and "major shareholder prescribed by Presidential Decree" in the above provision shall be deemed to be independent by itself without being limited to the scope of "stock-listed corporation".

For this reason, Article 157(4) of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 26982, Feb. 17, 2016; Presidential Decree No. 26982, Jan. 1, 2017) upon delegation of Article 94(1)3 (a) of the former Income Tax Act provides for the meaning of major shareholders regardless of whether the stocks are listed or not, as seen in detail in the following 4).

3. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed.