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Case Number of the immediately preceding lawsuit
Daejeon High Court (Cheongju)-2015-Nu-1068 (O7, 2016.09)
Title
It is assessed as a supplementary assessment method for transfer of non-listed stock at low price without a special relationship and imposes gift tax on transfer margin.
Summary
(Hearing) The market price means the objective exchange price formed through a general and normal transaction. Thus, in order for such transaction example to be recognized as the market price, the circumstances should be recognized that the transaction is made in a general and normal manner and properly reflect the objective exchange value at the date of donation.
Related statutes
Article 35(2) of the Inheritance Tax and Gift Tax Act
Cases
Supreme Court-2016-Du-5436
Plaintiff-Appellant
Park*** foreign-2
Defendant-Appellee
Head of Cheongju Tax Office 2
Judgment of the lower court
September 7, 2016
Imposition of Judgment
January 12, 2017
Text
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the argument on the grounds of appeal is determined not to include or not to accept the grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, all appeals are dismissed, and it is so decided as per Disposition by the assent of all participating