Seoul High Court 2011Nu42170 (2013.010)

Cho High Court Decision 2010Du3219 ( December 06, 2010)

30% or more of the shares are actually owned and the disposal of such shares is legitimate.

(2) The disposition imposed on the Plaintiff on the ground that the Plaintiff is a de facto shareholder who owns not less than 30/100 of the total number of issued and outstanding shares and actually controls the management of the company. Thus, the disposition imposed on the Plaintiff on the ground that it is a "executive, such as a shareholder," is legitimate.

2013du4231 Global income and revocation of disposition

Seoul High Court Decision 200

Head of Seocho Tax Office

Seoul High Court Decision 2011Nu42170 Decided January 10, 2013

June 27, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Article 67 of the former Corporate Tax Act (amended by Act No. 10423, Dec. 30, 2010) provides that the amount included in the calculation of the corporate tax shall be disposed of as prescribed by the Presidential Decree, such as bonus, dividends, outflow of facilities outside the company, etc. according to the person to whom the corporate tax belongs, and the proviso of Article 106 (1) 1 of the former Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 21302, Feb. 4, 2009; hereinafter the same shall apply) provides that the amount of the corporate tax shall be deemed as belonging to the plaintiff if it is unclear that the amount of the corporate tax should be attributed to the non-party 1's officer, such as a shareholder who is not a minority shareholder, and shares owned by the person with a special relationship, is not a 60% of the total number of shares issued by the corporation or the total amount of shares owned by the non-party 1's officer who actually controls the management of the corporation, as the grounds for appeal.