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

A. From January 5, 1987, B entered into an all-inclusive investment-in-kind agreement for business (hereinafter “instant investment-in-kind agreement”) with D, on November 30, 201, in order to convert into a legal entity, B (i.e., a company in the process of establishment) and D’s total assets and total liabilities on the books of account into a comprehensive investment in kind (i.e., the base date of investment in kind: December 31, 201) to transfer the business.

B. B, on February 20, 2012, with capital of KRW 1,800,00,000 (i.e., par value 1,800 x 1,800,000 x 1,800,000) established a stock company A (hereinafter “Plaintiff corporation”). On March 6, 2012, B completed the registration of transfer of ownership in the name of the Plaintiff corporation with respect to C and ground buildings, E, F, and ground buildings (hereinafter “instant invested real estate”), which are assets of D under the instant investment in kind contract on March 6, 2012.

C. The Plaintiff was exempted from acquisition tax, etc. on the ground that the instant invested real estate constitutes “property for business acquired by investment in kind or by transfer or acquisition of business” under Article 120(5) of the former Restriction of Special Taxation Act (amended by Act No. 11614, Jan. 1, 2013; hereinafter the same).

However, in the detailed guidance and inspection of the business affairs conducted on November 2014 in Gyeonggi-do, the Defendant was pointed out to be included in the subject-matter of investment in kind the Plaintiff’s capital of KRW 1,800,000,000 in the capital of KRW 2,214,94,632 of D, and thus failed to meet the requirements for exemption from acquisition tax, and on April 10, 2015, the Plaintiff was found to be the Plaintiff’s corporation on April 10, 2015, as acquisition tax of KRW 207,744,010, local education tax of KRW 19,420,420,570, including the key land and buildings in this case.