Seoul High Court-2017-Nu-46044 ( December 22, 2017)

(C) The term "stocks, etc." must determine whether the total amount of common shares and preferential shares exceeds 10 billion won, not only the portion to be included in the preferred shares.

(Summary) Article 157 (4) of the Enforcement Decree of the Income Tax Act provides that the case of ownership of 3/10 or more of the total sum of stocks of a corporation and the case of ownership of 3/10 or more of the total amount of stocks, etc. shall be 10 billion won or more, and there is no provision that only voting stocks shall be limited to stocks or

Article 157 (Scope of Securities Depository Securities and Large Stockholders) of the Enforcement Decree of the Income Tax Act

Supreme Court-2017-Du-63412 ( October 31, 2018)

○○○ Kim1

○ Head of tax office

Seoul High Court-2017-Nu-46044 (22 September 22, 2017)

8.01.31

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal, and all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided