Seoul High Court 2011Nu9203 (2011.09.01)

National Tax Service Review Transfer 2010-0100 (24. 2010)

(C) A share transfer constitutes a share transfer and cannot be seen as a whole stage for all-inclusive share swap transactions.

(Summary) The Plaintiff reported the securities transaction tax and capital gains tax following the transfer of shares, and did not separately agree to receive capital reduction shares of the non-party company in return for the transfer of shares, so it is reasonable to deem that the Plaintiff transferred shares and received capital gains tax, and it cannot be deemed that it was merely a whole-inclusive exchange transaction phase.

Article 88 (Definition of Transfer) of Income Tax Act

2011Du22976 Revocation of Disposition of Imposing capital gains tax

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port of origin

Seoul High Court Decision 2011Nu9203 Decided September 1, 2011

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but the argument on the grounds of appeal does not include the grounds provided in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or is deemed groundless, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per

Reference materials.

If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,