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(영문) 수원지방법원 2018.09.04 2018구합62707
증여세부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The F Co., Ltd. (hereinafter “instant company”) is a company established for the purpose of the integrated design business of plants around 2003. At the time of incorporation and the status of holding shares at the time of capital increase with new stocks in 2008 are as shown in attached Table 2.

B. From June 24, 2008 to April 21, 2014, the Plaintiffs received each of the shares of the instant company from G, H, I, J, and K, as shown in attached Table 3, respectively.

(hereinafter “each of the instant transactions”) C.

The director of the Seoul Regional Tax Office, after conducting an investigation on stock change with respect to the plaintiffs, calculated pursuant to Article 63 (1) 1 (c) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 13557, Dec. 15, 2015; hereinafter "former Inheritance Tax Act") and Article 54 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 26069, Feb. 3, 2015; hereinafter "Enforcement Decree of the former Inheritance Tax and Gift Tax Act"), determined that the plaintiffs acquired property from a related party at a price lower than the market price or acquired property at a price considerably lower than the market price without justifiable grounds for transaction practices.

(attached Table 3 5 excluding attached Table 5).

Accordingly, the Defendants imposed gift tax as shown in attached Table 1, pursuant to Article 35 of the former Inheritance and Gift Tax Act, on the remaining transactions except for each transaction listed in attached Table 1, 3, and 4, the value of donated property is below the Plaintiffs.

(hereinafter “each disposition of this case”). E.

The Plaintiffs filed an appeal against each of the instant dispositions between May 2, 2017 and July 3, 2017. However, the Tax Tribunal dismissed each of the instant dispositions on December 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 9 (including additional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Each of the instant transactions asserted by the Plaintiffs is lower than the market price.

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