Seoul High Court 2010Nu23035 (Law No. 26, 2011)

Seocho 209west 2237 (No. 21, 2009)

(C) The shares transferred under a comprehensive exchange contract may not be regarded as a transfer at a low price to minority shareholders because the shares are forced to be transferred at a low price.

(C) If the shares are transferred to the shareholders of the non-party company that became a wholly owned subsidiary, the shares are transferred to the shareholders of the non-party company regardless of their individual intent if the requirements are met, and as long as the shares are approved by a special resolution of the shareholders' general meeting of both companies, the shares are transferred to the shareholders of the non-party company.

2011Du11075 Revocation of Disposition of Imposition of Gift Tax

X et al.

O Head of the tax office and five others

Seoul High Court Decision 2010Nu23035 Decided April 26, 2011

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by

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.,