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(영문) 부산고등법원 2013. 07. 04. 선고 2012누1856 판결
증자 전의 1주당 평가가액을 주식대금 납입일을 기준으로 산정한 것임[국승]
Case Number of the immediately preceding lawsuit

Changwon District Court 201Guhap2307, 209.27

Title

The appraisal value per stock before the capital increase shall be calculated on the basis of the payment date of stock price.

Summary

(As with the judgment of the court of first instance), the board of directors decides to issue new stocks only to 49 persons including the plaintiff, and the issuance of new stocks accordingly cannot be deemed as falling under the allocation by the method of public offering of securities, which is an exception to the deemed donation due to capital increase, and the calculation of the profits donated due to the low-price issuance is based on the payment date of stocks.

Cases

(C)The revocation of the disposition imposing gift tax

Plaintiff and appellant

New AAAA

Defendant, Appellant

Head of Changwon Tax Office

Judgment of the first instance court

Changwon District Court Decision 201Guhap2307 Decided September 27, 2012

Conclusion of Pleadings

May 2, 2013

Imposition of Judgment

July 4, 2013

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance court shall be revoked. The defendant shall revoke each disposition to impose each gift tax on the plaintiff on June 13, 201, as stated in the details of imposition of each gift tax on the plaintiff.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for this Court's explanation concerning this case is the same as that for the part of the judgment of the court of first instance, and it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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