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(영문) 서울고등법원 2018. 06. 14. 선고 2018누38811 판결
(원심인용) 원고들이 제출한 자료만으로는 선행 판결에서 확정한 사실관계를 뒤집고 이 사건 주식의 실질주주를 달리 인정할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2017-Gu Partnership-52320 ( October 26, 2018)

Case Number of the previous trial

Cho High-2016-west-3104 ( October 28, 2016)

Title

(For the original purpose) The data submitted by the plaintiffs alone are sufficient to reverse the facts established in the preceding judgment, and the beneficial owner of the shares of this case cannot be recognized differently.

Summary

(In the absence of special circumstances, the court below rejected the Plaintiff’s claim on the following grounds: (a) the facts acknowledged in a final and conclusive judgment constitute a flexible evidence as to the relevant case; (b) the materials submitted by the Plaintiffs alone reverse the factual basis established in the preceding judgment; and (c) the actual shareholders of the instant shares cannot be recognized otherwise; and (d

Related statutes

Donation of title trust property under Article 41-2 of the Inheritance Tax and Gift Tax Act

Cases

2018Nu3811 Revocation of Disposition of Imposing gift tax

Plaintiff

AA et al.

Defendant

The head of Dongjak Tax Office and six others

Conclusion of Pleadings

May 31, 2018

Imposition of Judgment

June 14, 2018

Text

1. All appeals filed by the plaintiffs are dismissed.

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

the Gu Office's place and place of action

The judgment of the court of first instance is revoked. Each gift tax imposition made by the Defendants to Plaintiff BB, CCC, DD, DD, EE, F, GG, HH and J as shown in the separate sheet, and each joint and several taxpayers designated by the Defendants to Plaintiff A shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's judgment is the same as that of the judgment of the court of first instance, and thus, it is cited by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiffs' appeal is dismissed as all of the grounds are groundless.

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