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(영문) 서울고등법원 2019.06.20 2019누30166
증여세부과처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance, which cited the judgment, is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition of the corresponding part of the judgment of the court of first instance as follows. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

[Supplementary or additional parts] Six pages 8 of the 6th page "Witness" shall be regarded as a "witness of the first instance trial".

7. The phrase “the facts recognized in the preceding 9th page” shall be added to “the entry of the evidence No. 5” after the following:

9. Following the 5th page ": 6.00 ............ ................. ............ .................... were to be distributed in full of the distributable retained earnings in E’s dividends, the distributable amount per share was KRW 16,019 in 2010,543 in year

From 10 pages 1 to 11, the last page shall be as follows:

Comprehensively taking account of the following circumstances acknowledged by the aforementioned evidence and evidence No. 3, evidence No. 2, testimony of witness G and the purport of the entire pleadings by the witness G of the party, it is difficult to view that there is a justifiable reason for the transaction in relation to the deceased’s acquisition of the stocks at a price considerably lower than the market price, and the evidence submitted by the plaintiffs alone lacks to reverse this. Therefore, the plaintiffs’ assertion on

① At the time of the key transaction, E was an increase in the sales of E. At the time of the key transaction, there was an objective increase in the value of stocks, such as the increase in sales by receiving orders from I to the signboard replacement business, etc. Furthermore, if the deceased acquired approximately 29.17% of the shares due to the key transaction, the deceased and her husband A owned 54.17% of the total shares of E, thereby becoming the controlling shareholder of E.

G, which appears to have been sufficiently aware of these circumstances in advance, traded the shares at a remarkably low price of “5,00 won per share” of “381,372 won per share,” which is below 76 times the market value at the time, and the said value is G.

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