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(영문) 대법원 2018. 12. 13. 선고 2018두55586 판결
(심리불속행)증자 전의 1주당 평가가액은 유상증자가 이루어지기 이전의 발행주식총수로 계산하여야 함[국승]
Case Number of the immediately preceding lawsuit

Busan High Court (Capwon)-2018-Nu-10616 (Law No. 22, 2018)

Title

(C) the value of each share before the capital increase is made shall be calculated as the total number of outstanding shares before the capital increase is made.

Summary

The net asset value shall be calculated as the total number of outstanding shares before the offering of new shares is made in calculating the value of the property to be donated by capital increase. The net value of the stock shall be calculated as the total number of outstanding shares before the offering of new shares is made, and the net value of the stock shall be calculated as not falling under the case of capital increase or the offering of new shares within three years before the business year in which the appraisal base date falls.

Related statutes

Donation of profits from capital increase under Article 39 of the Inheritance Tax and Gift Tax Act

Cases

Supreme Court Decision 2018Du5586 Decided and correcting gift tax

Plaintiff-Appellant

AA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Busan High Court (Chowon) Decision 2018Nu10616 decided August 22, 2018

Imposition of Judgment

December 13, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's ground of appeal is not included in the grounds provided in each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal or it is recognized that there are no grounds, so the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

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