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(영문) 인천지방법원 2018.06.14 2017구합51857
증여세 부과처분 취소청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The pertinent parties, etc. D (hereinafter “D”) purchased automobiles from E Co., Ltd. from around 1999 to sell them to domestic consumers.

F is the representative director of D, G, H, and I (hereinafter referred to as “G et al.”) are F’s siblings, and the Plaintiffs are F’s children.

B. 79,200,204 2005 20,000,000 2220,000 (200,000) total number of shares 20,0011 220,200,2000 F 7,2000 79,200 (72,000) 79,200 79,200 79,200 79,200 4,800 G 4,800 52,800 (48,000) 4,800 H 3,200 3,200 3,205,20 320 (32,000),52,80 20,480 52,80, 480 J. 4,237,3437,23437,237,3437,3437, 2037,3437, etc.

On November 5, 2009, Plaintiff AH 11,734, Plaintiff B 11,733, Plaintiff C 11,733, Plaintiff C 16,000 Plaintiff C 16,000 Plaintiff C 16,000, Plaintiff AF 12,927,920, Plaintiff C12,927,920, 950 on March 31, 2010, the Plaintiffs received cash donation from Plaintiff AF 21,229, B20,920, 21,29, 200, C29, 21,29, 29, 21, 29, 209, 2011, and the Plaintiffs received gift tax from Plaintiff AF 12,927,200, 16, 16, 207, 16, and 206, respectively.

C. On June 2013, the director of the Seoul Regional Tax Office with regard to the written confirmation of the change of stocks, etc. submitted by D, made it difficult to verify D’s sincere return and payment of taxes due to unclear factual relations (such as oil increase, gift, etc.) related to the stock transaction for the business year 2005 and 2011 business year. As such, the Seoul Regional Tax Office’s explanation of the change of stocks, etc. was presented to D by mail until June 17, 2013, on the following grounds: (a) the submission of supporting documents (such as a written contract and related financial evidence, etc.; and (b) the submission of supporting documents by mail until June 17, 2013.

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