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(영문) 대법원 2016. 10. 13. 선고 2016두44629 판결
(심리불속행)이 사건 주식의 명의개서는 도용이라 할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-66914 ( October 14, 2016)

Title

(C) No change in the title of the shares of this case shall be deemed to be a fraudulent act.

Summary

In light of the facts related to (psyching of hearing), the transfer of the shares of the company of this case cannot be deemed to have been made regardless of the intent of the plaintiffs.

Related statutes

Legal fiction of donation of title trust property under Article 45(2) of the Inheritance Tax and Gift Tax Act

Cases

2016Du44629 Demanding revocation of the imposition of gift tax

Plaintiff-Appellant

1. AA;

00 Gu 00 00, 000 Dong 000

2. BB

00 Gu 000, 000 Dong 0000

3. CCC;

00 Si 00 Gu 00 000, 000 Dong 000

4.D;

00 Si 00 00 Eup 00 0000 00

Plaintiffs (LLC) 00

Attorney 000

Defendant-Appellant

1. Aa director of the tax office;

2. B. Director of the Tax Office:

3. C. Head of c.

4. D Director of the Tax Office.

Defendants Litigation Performers 000

The Seoul High Court Decision 2015Nu66914 Decided June 14, 2016

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, all appeals are dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

October 13, 2016

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