Busan High Court 2010Nu6328 (Law No. 13, 2011)

Appellate Court 2009J4253 (20 May 20, 2010)

(In case of capitalizing excess of issuance of stocks within two years, it shall be deemed to constitute a constructive dividend.

(main point of view) Where the acquisition value of capital reduction has been reduced at a cost within 2 years from the date of transferring the excess amount into capital, the disposition imposing corporate tax on the total amount of capital reduction as deemed dividend shall not be contrary to the substance over form principle or contrary to the principle of equality.

2011Du1754 Revocation of Disposition of Imposing corporate tax, etc.

XX farm Corporation

Head of the tax office

Busan High Court Decision 2010Nu6328 Decided July 13, 2011

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as

Reference materials.

If the grounds of final appeal are not included in the grounds of final 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 trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,