Seoul Administrative Court 2009Guhap8212 (No. 11, 2009)

Whether the imposition of education tax is legitimate on gains from appraisal of shares and gains from sale of sold bonds

On the premise that the appraisal profit of equity law corresponds to the 'securities appraisal profit', the tax imposition imposed by including it in the education tax base is illegal, and on the premise that the sale profit of loan is 'other business profit and non-business profit', the tax imposition imposed by including it in the education tax base is illegal.

The contents of the decision shall be the same as attached.

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 imposition of KRW 748,204,931 (including additional taxes; hereinafter the same shall apply) for the fourth-year education tax of 2001 against the Plaintiff on November 15, 2006 shall be revoked, respectively, of KRW 249,454,94,949, and of KRW 221,295,85,854, and KRW 386,91,637 for the fourth-year education tax of 2004.

2. Purport of appeal

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

The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

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