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(영문) 대법원 2018. 10. 16. 선고 2018두197 판결
포괄사업양수도시 주식매수선택권의 행사이익이 실현되었는지 여부[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-413 (Law No. 11, 2018)

Title

Whether the profit from the exercise of the stock option for the comprehensive business acquisition city has been realized

Summary

Since the profit to be exercised in the future in the stock option acquired in the process of a comprehensive business acquisition is realized, the preservation expenses shall be included in the loss (psyching of hearing).

Related statutes

Article 19 of the Corporate Tax Act

Cases

2018Du197 Revocation of Disposition rejecting a request for rectification

Plaintiff-Appellee

AAAAAA Corporation

Defendant-Appellant

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2017Nu413 Decided May 11, 2018

Imposition of Judgment

October 11, 2018

Text

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant does not include the grounds provided in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition by

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