Case Number of the immediately preceding lawsuit
Seoul High Court 2017Nu35846 ( March 22, 2017)
Title
(Procedure) In calculating the ratio of voting stocks to apply the limited tax rate under the Korea-Japan Tax Treaty, the treasury stocks are excluded.
Summary
The main interpretation of the law must be strictly interpreted, and its own shares should be excluded from the calculation of the requirement of 25 percent of the voting shares under Article 10(2)(a) of the Korea-Japan Tax Treaty.
Related statutes
Article 10 of the Korea-Japan Tax Treaty
Cases
2017Du54043 Revocation, etc. of Disposition of Corporate Tax Collection
Plaintiff-Appellant
○○ Stock Company other than
Defendant-Appellee
○ Head of tax office
Judgment of the lower court
on December 22, 2016
Imposition of Judgment
October 26, 2017
Text
All appeals are dismissed.
The costs of appeal are assessed against the defendant.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent