Seoul Administrative Court 2014Guhap53049 ( October 22, 2014)

Cho High Court Decision 2013Do2247 ( December 05, 2013)

Gift tax on the acquisition of shares at a price significantly lower than the market price is legitimate.

(As in the judgment of the court of first instance, the gift tax on the acquisition of stocks by a person, other than the person in a special relationship, at a price significantly lower than the market price, is lawful in light of the transactional practice, and it cannot be deemed that there is a justifiable reason to exempt additional tax solely on the ground that the existence of the gift interest

Article 35 (Donation, etc. of Profits from Transfer at Low or High Price)

Article 63 (Appraisal of Securities, etc.)

2014Nu59247

IsaA

head of Sung Dong Tax Office

Seoul Administrative Court Decision 2014Guhap53049 decided July 22, 2014

December 2, 2014

December 23, 2014

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked, and on October 4, 2012, the Defendant’s gift tax ○○○○○○○ on the Plaintiff.

judgment that revokes the disposition of imposition of the tax

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation on this case is that it is the same as the part concerning the reasons for the judgment of the court of first instance.

Ro, Article 8(2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act

(c)

2. Conclusion

If so, the plaintiff's claim shall be dismissed, and the judgment of the court of first instance with the same conclusion shall be decided.

Therefore, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.