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(영문) 서울고등법원 2015. 09. 24. 선고 2014누71179 판결
유가증권 모집방법으로 배정하는 경우의 해당여부[국승]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court Decision 2013Guhap8448 ( October 30, 2014)

Case Number of the previous trial

Seocho 2012west 4115 ( December 26, 2012)

Title

whether it falls under the case of allocating by means of public offering of securities

Summary

(1) It is reasonable to view that the method of securities offering, which was made in the state that the securities registration statement is not accepted by the Financial Supervisory Commission, does not constitute a case where the securities offering method is not permitted by the former Securities and Exchange Act, and it does not constitute a case where the former Inheritance Tax and Gift Tax

Related statutes

Inheritance Tax and Gift Tax Act Article 39 (Donation of Benefits)

Cases

2014Nu71179 Revocation of Disposition of Imposition of Gift Tax

Plaintiff and appellant

AA

Defendant, Appellant

BB Director of the Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2013Guhap8448 ( October 30, 2014)

Conclusion of Pleadings

August 27, 2015

Imposition of Judgment

September 24, 2015

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of gift tax of KRW 000,000,000 against the plaintiff on July 24, 2012.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's judgment is as follows: (a) the reasons for the judgment of the court of first instance are as follows; and (b) it is identical to the reasons for the judgment of the court of first instance except for the addition of some contents; and (c) thus, it is cited in accordance with Article 8(2) of the Administrative Litigation

2. Conclusion

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

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