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(영문) 대법원 2016. 02. 03. 선고 2015두53664 판결
(심리불속행)비특수관계자 사이의 비상장주식의 거래의 시가가 불분명한 경우에는 상증법상 보충적 평가방법에 의하여 산정함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-33730 (2015.08)

Title

(C) If the market value of the unlisted stock transaction between a person with no special relationship is unclear, it shall be calculated by the supplementary method of assessment under the Inheritance Tax and Gift Tax Act.

Summary

In calculating the market price for the transaction of unlisted stocks between those who are not in a special relationship, it is reasonable to calculate the market price of stocks according to the supplementary evaluation method stipulated in the Inheritance Tax and Gift Tax Act in the case where the market price is unclear.

Related statutes

Article 40 of the Enforcement Decree of the Corporate Tax Act

Cases

Supreme Court Decision 2015Du53664 Decided revocation of Disposition of Corporate Tax Imposition

Plaintiff-Appellant

AAA, Inc.

Defendant-Appellee

00. Head of tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu33730 Decided October 08, 2015

Imposition of Judgment

on October 2016 03

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by the appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases concerning the Procedure for Appeal, or are deemed to have been committed under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by

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