1. As to the ground of appeal No. 1, before the amendment by Act No. 8835 of Dec. 31, 2007, as to the ground of appeal No. 1

(b) The Local Tax Act (hereinafter referred to as the “former Local Tax Act”);

The main text of Article 105(6) of the former Enforcement Decree of the Local Tax Act (amended by Presidential Decree No. 20517, Dec. 31, 2007) provides that “When an oligopolistic shareholder becomes an oligopolistic shareholder by acquiring a corporation’s stocks or equity shares, the oligopolistic shareholder shall be deemed to have acquired the corporation’s real estate, etc.” The main text of Article 78(2) of the former Enforcement Decree of the Local Tax Act provides that “Where a shareholder or partner who becomes an oligopolistic shareholder acquires a corporation’s stocks or equity shares, and thereby the proportion of stocks or equity shares held by the oligopolistic shareholder is increased, the increased portion shall be deemed to have been acquired, and acquisition tax shall be imposed pursuant to Article 105(6) of the Act.” As such, deeming that acquisition tax is imposed on an oligopolistic shareholder of a corporation as acquisition of a corporation’s assets, if the oligopolistic shareholder becomes an oligopolistic shareholder, it shall be deemed that the trustee has a capacity to transfer the corporation’s assets in fact to the trustee or to have the ownership transfer registration under the Trust Act, and other internal property rights are transferred to the trustee.