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(영문) 서울고등법원 2013. 12. 13. 선고 2013누14810 판결
재무제표가 허위로 공시되었다고 인정되는 이상 이 사건 주식 평가액은“0”으로 보아야 함[국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2013Guhap1607 (Law No. 19, 2013)

Title

As long as financial statements are deemed to have been falsely published, the appraisal value of the shares in this case shall be deemed to be "0".

Summary

According to the inspection report, since the non-party corporation is in capital erosion, considering that the appraisal value of the shares in this case is zero, and there is no evidence to verify the financial status of the non-party corporation as of the commencement date of inheritance, the appraisal value of the shares in this case shall be deemed zero

Related statutes

Article 54 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act

Cases

2013Nu14810 Revocation of a rejection disposition

Plaintiff, Appellant

Park AA

Defendant, appellant and appellant

The Director of the sericultural Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2013Guhap1607 decided April 19, 2013

Conclusion of Pleadings

December 10, 2013

Imposition of Judgment

December 13, 2013

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of claim

On May 10, 2012, the defendant revoked the disposition rejecting the correction of the inheritance tax OOOOO personnel against the plaintiff.

2. Purport of appeal

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

Reasons

1. Quotation of judgment of the first instance;

The court's explanation on this case is the same as the statement of the reasons for the decision of the court of first instance. Thus, the court's explanation is based on 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 seeking the cancellation of the disposition of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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