Seoul High Court 2011Nu21449 (2012.06)

early 2010 Heavy357 ( December 31, 2010)

(D) The profits received by an individual who is an existing shareholder shall be included in the calculation of earnings by giving up the preemptive right and by a third party corporation based on the subscription of new shares.

In case where an individual, who is the existing shareholder of the newly issued corporation, has renounced the preemptive right and a third party corporation, other than the existing shareholder of the newly issued corporation, has acquired new shares, the profits distributed by several new shares due to such new shares acquisition shall be included in the gross income of several new shares under the Corporate Tax Act.

2012Du19403 Revocation of Disposition of Corporate Tax Imposition

XX Stock Company

Head of the Suwon Tax Office and one other

Seoul High Court Decision 2011Nu21449 Decided July 6, 2012

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the ground of appeal on the grounds of appeal is not deemed to have been rejected or not.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Reference materials.

If the grounds for final appeal are not included in the grounds of 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 final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final