양도소득세등부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From January 4, 1982, the Plaintiff engaged in general gas and EO gas manufacturing and wholesale retail business with the trade name “B.” On June 30, 2012, in order to convert the above individual business entity into a corporation, the Plaintiff invested the said individual business entity in kind in the E Co., Ltd. (hereinafter “instant business entity”) with the entire business place, such as, in order to convert the business property of the said individual business entity (hereinafter “the instant business place”). < Amended by Presidential Decree No. 23620, Jun. 30, 2012>
B. At the time of investment in kind, the Plaintiff assessed the asset value of the instant business establishment as KRW 9,058,131,381, the debt amount of KRW 9,001,841,381, and the net asset value of KRW 56,290,000.
At the time of the incorporation of the instant corporation, capital was 306,290,000 won (=total number of shares issued 61,258 note x face value 5,000 won). The Plaintiff acquired 11,258 shares in return for investment in kind (i.e., net asset value of the instant business place 56,290,000 won/per 5,000 won per share), and the remaining 50,000 shares were acquired by the Plaintiff F.
C. The Plaintiff established the instant legal entity on July 1, 2012, and applied for a carryover taxation under Article 32 of the former Restriction of Special Taxation Act (amended by Act No. 11614, Jan. 1, 2013; hereinafter the same) and Articles 29(5) and 28(1)2 of the former Enforcement Decree of the Restriction of Special Taxation Act (amended by Presidential Decree No. 24368, Feb. 15, 2013; hereinafter the same) with respect to the transfer income tax on the instant business establishment on October 25, 2012.
However, on June 29, 2012, the Defendant calculated the net asset value of the instant place of business as KRW 1,846,000,000 (hereinafter “instant liabilities”) out of the short-term loans borrowed from the G Bank on June 29, 2012 (the obligation of the instant loans was succeeded by the instant legal entity) as KRW 1,85,00,000 (hereinafter “instant liabilities”), excluding the instant liabilities unrelated to the business of the instant place of business. As a result, the Defendant calculated the net asset value of the instant place of business as KRW 1,902,00,000,000.