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(영문) 대법원 2012. 06. 14. 선고 2012두5145 판결
(심리불속행) 추정이익으로 신고기한내 신고하지 않았다고 불합리한 가액을 시가로 인정할 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 201Nu22558 (Law No. 31, 2012)

Case Number of the previous trial

National Tax Service Review Donation 2010-0109 ( October 21, 2011)

Title

(Incompetence of Trial) The unreasonable value that was not reported by the filing deadline due to the estimated profit shall not be recognized as the market price.

Summary

(C) If it is deemed unreasonable to apply Article 56(1)1 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act to the market price of unlisted stocks, the value under subparagraph 1 shall not be deemed the market price on the ground that the market price of unlisted stocks is not recognized as the market price of unlisted stocks.

Cases

2012Du5145 Revocation of Disposition of Imposition of Gift Tax, etc.

Plaintiff-Appellant

XX Kim

Defendant-Appellee

port of origin

Judgment of the lower court

Seoul High Court Decision 2011Nu22558 Decided January 31, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Reference materials.

If the grounds for final appeal are not included in the grounds of 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 final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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