Seoul Administrative Court 2009Guhap53427 ( August 26, 2010)

Cho High Court Decision 2007No4150 (Law No. 9.15, 2009)

Appropriateness of the assertion that the largest shareholder is not subject to verification;

In applying Article 100-2 of the Restriction of Special Taxation Act to the provisions of Article 63 of the same Act, in case where the stocks of the largest shareholder and those of the shareholders specially related to the largest shareholder are inherited or donated before December 31, 2006, Article 63(3) of the same Act provides that the certificate of the largest shareholder shall not be assessed notwithstanding Article 63(3) of the Gift Tax Act

2010Nu3133 Revocation of Disposition of Imposition of Gift Tax

Gyeong Kim

O Head of tax office

Seoul Administrative Court Decision 2009Guhap53427 decided August 26, 2010

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The Defendant’s disposition of imposition of KRW 1,276,981,710 on June 4, 2007 against the Plaintiff was revoked.

2. Purport of appeal

The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against that part shall be dismissed.

The court's explanation of this case is identical to the entry of the reasoning of the judgment of the court of first instance, and thus, citing this as is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.