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(영문) 대법원 2016. 04. 28. 선고 2016두31326 판결
법인이 자기주식을 취득한 후 우회양도를 통한 특수관계자에게 저가양도한 것은 부당행위계산부인규정에 해당됨[국승]
Case Number of the immediately preceding lawsuit

Daegu High Court 2015Nu6119 ( December 18, 2015)

Case Number of the previous trial

Cho High-depth 2014Gu0646 (No. 22, 2014)

Title

A corporation’s transfer of low price to a person with a special relationship through a bypass transfer after its own stocks are acquired falls under the regulations on wrongful calculation.

Summary

A corporation’s transfer of low price to a person with a special relationship through a bypass transfer after its own stocks are acquired falls under the regulations on wrongful calculation.

Related statutes

Article 39 (1) of the former Income Tax Act

Cases

Supreme Court Decision 2016Du31326 Decided revocation of Claim for Correction

Plaintiff-Appellant

AA

Defendant-Appellee

BB

The judgment below

National Rotations

Imposition of Judgment

2016.04.28

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The lower judgment and the appellate brief all of the records of this case were examined, but the appellant’s grounds of appeal are examined.

The argument regarding the procedure of appeal does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

The appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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