Whether they are subject to transfer income tax on transfer of preemptive rights

No bonds with preemptive rights (before the establishment of a law) shall be deemed a transfer of objects subject to capital gains tax.

Article 94 of the Income Tax Act: Scope of Capital Gains

1. The defendant's appeal is dismissed.

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

3. The order of the court of first instance shall be corrected to "4,262,272,810 won" in paragraph (1) of this Article, "4,262,672,810 won".

1. Purport of claim

The Defendant’s disposition of imposition of capital gains tax of KRW 4,262,672,810 for the Plaintiff on September 10, 2004 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation on this case is that ① the Enforcement Decree of the Framework Act on Taxation No. 21 among the judgment of the court of first instance is "Enforcement Decree of the Framework Act on National Taxes", ② the transfer income tax entered in the order No. 5 is "Transfer Income Tax Act 4,262,672,810", ③ the "Article 94 (3) of the former Income Tax Act" of No. 13 is applied respectively to "Article 94 (3) of the former Income Tax Act", and therefore, it is identical to the reasoning for the judgment of the court of first instance". Thus, it is accepted as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed on the ground that it is without merit. It is so decided as per Disposition by the assent of all participating Justices, on the ground that "4,262,272,810 won" in paragraph (1) of the judgment of the court of first instance is obvious that it is a clerical error of "4,262,672,810 won".