Seoul High Court-2015-Nu-75 ( November 11, 2015)

2012west 4708 ( December 31, 2012)

It is reasonable to impose tax on the shares of the issue as gift gains by acquiring at a low price which is not based on the method of public offering of securities under the old Securities and Exchange Act.

(The main point of view) The person who has been solicited to subscribe for the actual acquisition of shares is about 49 persons, and there is no circumstance to recognize the fact that 50 or more persons have solicited to subscribe for shares, etc., so it is difficult to regard it as a general recruitment under the Securities and Exchange Act that is excluded from gift tax assessment.

The donation of profits under Article 39 of the Inheritance Tax and Gift Tax Act

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but the head of finite relation to the grounds of appeal is not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal and it is recognized that there are no grounds, and all of the appeals are dismissed in accordance with Article 5 of