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.