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(영문) 대법원 2018. 03. 29. 선고 2017두75194 판결
주권상장법인의 대주주가 주식을 양도한 경우 양도소득세 납세의무가 있음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu62480 ( December 01, 2017)

Case Number of the previous trial

Cho High-2016-Seoul Government-0193 (Law No. 31, 2016)

Title

If the majority shareholders of a stock-listed corporation transfer stocks, they are liable to pay capital gains tax.

Summary

(ps) If the Plaintiff and related parties constitute a major shareholder of a stock-listed corporation, they are liable to pay capital gains tax when transferring stocks.

Related statutes

Article 94 of the Framework Act on National Taxes

Cases

2017Du75194 Revocation of Disposition of Imposing capital gains tax, etc.

Plaintiff

fixed**

Defendant

00. Head of tax office

Imposition of Judgment

March 29, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the argument on the grounds of appeal is not deemed to include or not accept the grounds of appeal under the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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