Seoul High Court 2013Nu8105 ( November 08, 2013)

(C) The disposition imposing capital gains tax on a major shareholder who owns not less than 3% of the shares is legitimate.

(Main) If a person becomes a major shareholder during the pertinent year, it is reasonable to view that all shares traded as a major shareholder by the last day of the pertinent business year are traded as a major shareholder. Therefore, the disposition imposing capital gains tax is legitimate because a person owns 3% or more of shares and is deemed

Article 94 of the Income Tax Act: The time of transfer or acquisition under Article 162 of the Enforcement Decree of the Income Tax Act

2013Du24846 Revocation of Disposition of Imposing capital gains tax

LAA

Head of the District Tax Office

Supreme Court Decision 2012Du7400 Decided February 15, 2013

Seoul High Court Decision 2013Nu8105 Decided November 8, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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