Seoul Administrative Court 2016Gudan24093 ( October 18, 2017)

It is necessary to determine whether the aggregate of common shares and preferential shares exceeds 10 billion won, not only the portion to be included in the preferred shares, but also the portion to be included in the shares.

(1) Article 157(4) of the Enforcement Decree of the Income Tax Act provides that a corporation shall own 3/100 or more of the total sum of its stocks, etc. and the market price of its stocks, etc. shall be at least 10 billion won, and there shall be no provision that only the stocks with voting rights shall be limited to the stocks with voting rights, or that there shall be no provision

Article 157 (Scope of Securities Depository Securities and Large Stockholders) of the Enforcement Decree of the Income Tax Act

2017Nu46044 Revocation of Disposition of Imposing capital gains tax

AAA and 1

The head of Yangcheon Tax Office

Seoul Administrative Court Decision 2016Gudan24093 decided April 18, 2017

August 25, 2017

September 22, 2017

1. All appeals filed by the plaintiffs are dismissed.

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

The judgment of the first instance court shall be revoked. The defendant's imposition of the capital gains tax of 2012 on September 10, 2015 on the plaintiff Kim Jong-sung and the imposition of the capital gains tax of 2012 on September 8, 2015 on the plaintiff Kim Jong-sung shall be revoked, respectively.

1. Quotation of the reasons for the judgment of the first instance;

The reasons for this decision are as follows: Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

If so, all of the plaintiffs' claims shall be dismissed without merit. The judgment of the court of first instance shall be dismissed.

Since the plaintiffs' appeal is justified as just, it is dismissed in its entirety due to the lack of grounds.