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Case Number of the immediately preceding lawsuit
Seoul High Court 2014Nu7598 ( June 12, 2015)
Title
Donations by all-inclusive exchange of shares shall be the profit arising from transactions which increase the capital of the corporation.
Summary
The gift tax shall not be levied by applying Article 35(1)2 and (2) of the Inheritance Tax and Gift Tax Act or Article 39(1)1(c) of the Inheritance Tax and Gift Tax Act, and the gift tax shall be levied by applying Article 42(1)3 of the Inheritance Tax and Gift Tax Act on the donation of profits arising from transactions which increase the capital of the corporation.
Cases
2015Du3027 Revocation of Disposition of Imposition of Gift Tax
Plaintiff-Appellant
IsaA
Defendant-Appellee
Head of Yongsan Tax Office
Judgment of the lower court
Seoul High Court Decision 2014Nu7598 Decided June 12, 2015
Imposition of Judgment
November 17, 2015
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The records of this case, 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 provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. The appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by