Seoul High Court-2017-Nu-47344 ( December 22, 2017)

Cho High Court Decision 2015No504 (2016.03)

(In determining the requirements for major shareholders of the capital gains tax, the market price of at least 10 billion won is not distinguished from the common shares and the preferential shares.

(Summary of the Judgment of the Supreme Court) There is no express provision that restricts stocks subject to taxation from large shareholders of listed stocks to common shares, and there is no reason to exclude preferential shares for the purpose of legislation.

Article 92 (Scope of Transfer Income Tax)

Enforcement Decree of the Income Tax Act Article 94 (Scope of Securities Prepaid Securities and Large Stockholders)

2017Du63429 Revocation of Disposition of Imposing capital gains tax

leAA

BB Director of the Tax Office

September 22, 2017

January 31, 2018

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition