Where one retires his/her own stocks acquired for the purpose of stock retirement, it shall be deemed to constitute the constructive dividend (or national succession).

(1)in case of retirement of shares acquired as a part of the procedure for acquisition of treasury shares for stock retirement, the amount of money acquired by the shareholder in excess of the amount necessary for the acquisition of such shares shall constitute deemed dividend.

Article 17 of the Income Tax Act

Seoul High Court 2014Nu66757

Doz. 0

National Rotations

April 2, 2015

April 23, 2015

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of global income tax of KRW 00 in 2009 against the plaintiff on October 0, 2013.

1. Quotation of judgment of the first instance;

The reasons for this Court's ruling are as follows, and therefore, the reasons for this Court's ruling is as follows:

It shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Parts used for cutting.

○ 5 (5) (a) 1 of the first sentence " August 1, 2007" shall be read as " June 1, 2007".

○ The 7th page " January 6, 2008" runs as " January 6, 2009".

○ up to the 3rd page, “No confirmation may be made” of Articles 341-2 through 8 of the Commercial Act.

section 10 provides that "3-2 A" shall be deleted, and "341-2 (1) A" shall be deemed "341-2 (1)".

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.