Seoul High Court 2015Nu45085 (2016.014)

(Resceptic Conduct)

The issue of this case’s capital increase cannot be deemed as falling under “a case where stocks are allocated by means of public offering of securities subject to no gift tax,” and the issue of this case’s capital increase or merger related to the assessment of listed stocks

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of

Article 39 (Donation of Benefits from Capital Increase) of the Inheritance Tax and Gift Tax Act, Article 2 (Definitions) and Article 8 (Report of Public Offering or Sale) of the Securities and Exchange Act Article 2-4 (Public Offering or Sale of Securities) of the Enforcement Decree of the Securities and Exchange Act