Seoul Administrative Court-2016-Gu Group-57390 ( October 27, 2017)

Cho High-2016-Seoul Government-0193 (Law No. 31, 2016)

If the majority shareholders of a stock-listed corporation transfer stocks, they are liable to pay capital gains tax.

(As in the judgment of the court of first instance) If the plaintiff and related parties constitute a major shareholder of a stock-listed corporation, they are liable to pay capital gains tax.

Article 94 of the Income Tax Act: Scope of Transfer Income

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

2017Nu62480 Revocation of Disposition of Imposing capital gains tax, etc.

The AA

1. BB director of the tax office;

2. The head of ○○-si BB;

Seoul Administrative Court Decision 2016Gudan57390 decided June 27, 2017

November 17, 2017

December 1, 2017

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

The judgment of the first instance shall be revoked. Each tax imposition disposition in the attached Form that the Defendants made against the Plaintiff shall be revoked.

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

Therefore, the plaintiff's claim against the defendants shall be dismissed in its entirety as it is without merit. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal against the defendants is dismissed in its entirety as it is without merit.