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(영문) 대법원 2016. 10. 27. 선고 2016두44537 판결
(개정전)상장주식의 경우에도 비상장법인이 보유한 다른 자산과 마찬가지로 상속세 및 증여세법에 따라 그 자산의 가치를 평가하여야 함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu6482 (2016.09)

Title

(B) In the case of listed stocks, the value of the assets should be assessed in accordance with the Inheritance Tax and Gift Tax Act, as in the case of other assets owned by the unlisted corporation.

Summary

In order for a merged corporation to assess the market price of its stocks to be an unlisted corporation, the property owned by the merged corporation pursuant to Article 89 (2) of the former Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 21025, Sep. 22, 2008; hereinafter the same shall apply) shall be assessed in accordance with the

Related statutes

Article 52 (Dispudiation of Wrongful Calculation)

Cases

2016Du44537 Revocation of Disposition of Imposing Corporate Tax, etc.

Plaintiff

AA

Defendant

BB Director of the Tax Office

Imposition of Judgment

October 27, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

October 27, 2016

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