Article 34 (Presumption of Donation of Funds, etc. for Acquisition of Property)

2. The costs of the lawsuit are assessed against the defendant.

A. As a result, the director of the regional tax office of ○○○ has conducted a tax investigation on six financial credit companies, including ○○○, ○○○○, ○○ Capital, ○○ Capital, ○○ Capital, ○○○ Capital, ○○○○ Capital, and ○○ Capital, etc. (hereinafter “the loan companies of this case”) from October 26, 2004 to May 12, 2005, confirmed the fact that ○○○ (the Plaintiff’s wife) and ○○○○ (hereinafter “○○○, etc.”) who is the actual business entity of the loan companies of this case, have been flowing into real estate in the name of relatives, with the funds for acquiring real estate in the name of relatives, and conducted an investigation on the source of real estate acquisition funds, etc. by July 1, 2005. < Amended by Act No. 7641, Jul. 1, 2005>

B. Meanwhile, from 1999 to 2004, the Plaintiff acquired real estate, etc. as indicated on the acquisition details of real estate, etc. (hereinafter “the instant real estate, etc.”) and the director of the regional tax office of ○○○○ demanded the Plaintiff to vindicate the source of funding for the acquisition of the instant real estate, etc. Of the acquisition funds, the amount indicated on the attached Table 3. Considering that there was no specific vindication on each of the following facts: (a) from 2,834,685,00 won of the total acquisition value of the instant real estate, etc. 25,110,000 business income; (b) from 131,115,000 won of business income; and (c) from 175,513,000 won of the assessed standard market value of the instant real estate, ○○○-dong, ○○○-25, 197, the Plaintiff presumed that the Plaintiff was donated to the Defendant 12,000 won.

C. In accordance with the above notice, the Defendant imposed and notified each gift tax on June 15, 2005 (the payment period June 30, 2005) and October 1, 2005 ( October 31, 2005) on the Plaintiff, as indicated in the notice for imposition of gift tax, attached Table 1. The Defendant imposed and notified each of the gift tax (hereinafter the instant disposition) on the Plaintiff on October 1, 2005.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 44, Eul evidence 1 to 1-7, Eul evidence 2-1 to 40, Eul evidence 3-1 to 3-2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The real estate, etc. of this case is acquired with funds raised by the Plaintiff while running the island sales and publishing business for a period of 20 years, and the key amount is merely a loan and repayment of money to ○○○ and ○○○○○○, but not a donation from ○○, etc., it is unlawful that the Defendant reported otherwise and made the disposition of this case.

B. Relevant statutes

It is as shown in the attached Form.

(c) Fact of recognition;

(1) While the Plaintiff’s operation of the ○○○○ Research Association, the details of revenue reported to the tax office are as stated in the attached Table 4. The details of revenue reported to the tax office are as stated in the attached Table 4. On the basis of an inquiry into the integrated national tax computer network, the Plaintiff’s income of KRW 147,215,00 (business income 135,115,000, business income 12,100,000) between June 1, 1987 and December 12, 1994.

(2) While the director of ○○ Regional Tax Office conducted a tax investigation with respect to the pertinent lending enterprise from October 26, 2004 to May 12, 2005, he concluded that ○○○, etc. engaged in monetary credit business on the grounds that the instant lending business entity had no means to engage in monetary credit business, etc., and that the operator of the instant lending business did not have the means to engage in monetary credit business. Upon lending money, ○○, etc., calculated interest income based on the materials authenticated by the notary public office at the time of lending, and then notified the head of ○○, etc. of the tax office to collect the global income tax, etc. on ○○, etc. by calculating the income amount of ○○, etc. according to the estimation method such as applying the income standard rate or standard expense rate.

(3) On April 28, 2005, the head of ○○ Tax Office imposed global income tax and income tax on ○○○○, etc. from 2001 to 2004. Unlike the notice of additional collection of global income tax, etc. on ○○○○, etc., the head of ○○ Tax Office confirmed that ○○○○○, one of the credit businesses in the instant case, ○○ Capital (representative ○○, the Plaintiff’s fraudulent act) and ○○○ Finance (representative ○○, the Plaintiff’s birth), 420,000 won (○○ 250,000,000, 170,000, ○○○○ 170,000,000 won, 190,0000 won, and 200,000 won, 200 to 304,000 won, respectively, of real estate loans, etc. from 200 to 300,27004.

(4) As seen above, the director of the regional tax office of ○○○ filed an accusation with respect to ○○○○, etc., on the charge of tax evasion, on the charge of tax evasion. On the charge of aiding and abetting ○○○, ○○, ○○, ○○, ○○, ○○, ○, ○○, ○, and ○○○, which are the registered titleholder of the instant lending company, ○○○, ○, ○○, and ○○, ○○, and ○○, ○, as mentioned above

(5) However, on December 29, 2005, 2005, the ○○ Central District Prosecutors’ Office did not merely assist the registered titleholders of the instant lending company to evade tax, but deemed that the registered titleholders of the instant lending company evaded the comprehensive income tax while operating the instant lending company, and charged the registered titleholders of the instant lending company for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) and imposed a non-prosecution disposition on the ○○○ et al.

(6) In the process of the above investigation, ○○○○, ○○, and ○○○ each of 50 million won was leased to ○○○○○, ○○○, and ○○○○○, and 15 million won each, and 54 million won was paid interest. From around 2002, 50 million won was leased to ○○○○, each of the three above 3 persons and 60 million won was paid a total of 180 million won. around 2003, 200, 00 won was paid a interest of KRW 1 billion, 70 million, 50 million to ○○○, and 264 million in total, and 50 million interest. around 2004, 200 won was given a loan to ○○○○, 1 billion won, 70 million won to ○○, and 50 million won to ○○, and 96 million won in total, respectively.

(7) ○○○○ et al. filed a lawsuit against the head of ○○ Tax Office and the head of ○○○○○○○○○○○○○○○○○○○, which is dissatisfied with the imposition of global income tax and resident tax on each of the instant paragraphs (3). On November 23, 2006, the ○○ Administrative Court accepted the claim of ○○○ et al. on the ground that the ○○○ et al. cannot be deemed the actual business operator of the instant lending enterprise. Although the head of ○○○ Tax Office and the head of ○○○○○○○ Office appealed against this claim, the ○○ High Court dismissed the appeal on the ground that ○○○ et al. was not the actual business operator of the instant lending enterprise. The said judgment became final and conclusive

(8) On June 15, 2005, the Defendant filed a lawsuit seeking revocation of the said disposition with the court ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on the ground that on July 21, 2003, 627,91,00 won paid as a down payment and an intermediate payment was donated 1/2 each from ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and subsequently, the judgment was finalized on September 7, 2007.

[Reasons for Recognition] Evidence No. 2-1, 2, Evidence No. 6, Evidence No. 4, Evidence No. 5-1, 2, Evidence No. 6-1, 2, 3, and Evidence No. 7, and the purport of the whole pleadings

D. Determination

(1) As a matter of principle, the fact of donation of property, which is a requirement for the imposition of gift tax, is proven by the tax authority. Thus, if a person has a certain occupation and a considerable amount of income at the time of acquisition of the property, and there is a person who actually had a substantial income therefrom, barring special circumstances, the portion of the fund for acquisition of the property, which was not presented clearly cannot be deemed to have been donated to another person,

(2) In the instant case, considering the fact that the Plaintiff’s gold relationship with ○○○, etc. and the details of the income reported by the Plaintiff were over KRW 147,215,00 between June 1, 1987 and December 12, 1994, ○○, etc., which recognized that the Defendant donated the amount of issues to the Plaintiff while actually operating the instant lending enterprise, was proved to be not the actual business entity of the instant lending enterprise. Taking into account all circumstances revealed in the pleadings, the Plaintiff’s transfer of occupation, financial transaction with ○○, and the relationship between the Plaintiff and ○○, and ○○○, etc., the Plaintiff acquired the amount of issues through a monetary transaction, such as collecting the principal and interest of the loan from ○○○, and ○○○, etc., it is difficult to deem the said recognition alone that the Plaintiff received the amount of issues from ○○, etc.

4. Conclusion

If so, the disposition of this case is unlawful, and thus, the plaintiff's claim seeking its revocation is accepted for reasons.

1. Details of imposition of gift tax;

Date of donation;

Amount

donor

Disposition of Imposition

June 15, 2005

October 1, 2005

o October 09, 2001

20,000,000

20,000,000

○ ○

○ ○

2,100,000

2,800,000

November 19, 2001

95,000,000

95,000,000

○ ○

○ ○

14,672,720

15,347,820

02.03.18

12,000,000

12,000,000

○ ○

○ ○

3,163,270

3,171,020

02.03.25

10,000,000

10,000,000

○ ○

○ ○

2,648,480

2,654,010

202.08.09

75,873,00

75,873,00

○ ○

○ ○

20,514,440

20,531,590

o October 04, 2002

15,000,000

15,000,000

○ ○

○ ○

4,065,390

4,068,340

o October 09, 2002

75,000,000

75,000,000

○ ○

○ ○

20,496,430

20,504,740

o October 21, 2002

215,000,000

215,000,000

○ ○

○ ○

61,014,270

61,662,840

November 01, 2002

85,000,000

85,000,000

○ ○

○ ○

3,993,950

34,008,100

03.07.21

oly 14, 2003

174,415,500

17,415,500

○ ○

○ ○

32,144,260

3,490,160

37,322,240

35,993,780

December 04, 2003

79,605,00

79,605,00

○ ○

○ ○

31,462,580

31,469,120

oly 15, 2004

04.03.15

87,247,500

87,247,500

○ ○

○ ○

22,004,480

2,017,480

11,784,050

11,776,960

04.06.01

15,000,000

15,000,000

○ ○

○ ○

5,706,790

5,707,780

04.06.18

50,000,000

50,000,000

○ ○

○ ○

19,439,170

19,99,570

04.06.25

50,000,000

50,000,000

○ ○

○ ○

24,522,170

24,529,340

204.07.06

50,000,000

50,000,000

○ ○

○ ○

24,542,910

24,549,440

12, 2004.12

50,000,000

50,000,000

○ ○

○ ○

24,569,680

24,575,660

204.07.19

40,000,000

40,000,000

○ ○

○ ○

19,659,300

19,663,760

204.09.15

204.9.21

52,332,500

52,332,500

○ ○

○ ○

13,267,720

13,273,110

12,153,700

12,153,680

Total

2,502,947,000

44.Dried

136,197,210

748,99,090

2. Details of acquisition of real estate;

No.

Location

Land Category

Area of a square meter;

Date of acquisition

Jinay

1

○○-gu ○○○○ ○○

Answer

156.0

October 08, 199

2

○○-gu ○○○○ ○○

Answer

421.0

October 08, 199

3

○○-gu ○○○○ ○○

Answer

1,141.0

October 08, 199

4

○○○-dong ○○○-2

Answer

1,011.6

October 14, 1999

674.4

November 22, 1999

5

○○○-dong ○○○-14

Answer

946.0

December 06, 199

6

○○○-dong ○○○-15

Answer

946.0

December 06, 199

7

○○-gu ○○○○ ○○

Answer

3,157.0

202.08.09

8

○○○-dong ○○○ ○○ 1

○○ apartment ○○○ Dong ○○

Apartment house

114.48

o October 21, 2002

9

○○-gu ○○ 39-1

○○ ○○ ○○○

Sales Rights

(Date of Contract)

203.07.01

Payment up to the fourth part;

10.

○○ Construction (State)

Stocks

3,000 Shares

2047.06.01

3. Details of the donated property.

Date of donation;

Details of donated property

Amount (,000 won)

o October 09, 2001

The first repayment out of 23 million won for the acquisition loans of the above 1, 2, and 3

40,000

November 19, 2001

The second repayment out of the 2.3 million won of the acquisition loan of the above 1, 2, and 3

190,000

02.03.18

The first repayment out of the 194 million won of the acquisition loan of the above 4

24,000

02.03.25

The first repayment out of KRW 200,000,000,000,00

20,000

8.09.09

The amount recognized as the source of funds out of 7.1.6 million won for acquisition of the above 7.7 million won

81,856 excluding 81,856,00 won for loans and 48 million won.

151,746

o October 04, 2002

The second repayment out of KRW 200,000,000,000,00

30,000

o October 09, 2002

The third repayment out of KRW 200,000,000,000.

150,000

o October 21, 2002

The acquisition value of the above 8

430,000

November 01, 2002

The second repayment out of the 194 million won of the acquisition loan of the above 4

170,000

03.07.21

The down payment of the foregoing 9 - down payment

199,332

o October 14, 2003

The first part of this 9-1

149,499

December 04, 2003

○○○-dong ○○-5 ○ apartment

159,210

oly 15, 2004

The second part of this 9-2

17,497

04.03.15

The third part of this 9-3

156,998

04.06.01

The acquisition price of the above 10 shares

30,000

04.06.18

The first repayment out of the 48 million won of the acquisition loan of the above 7

100,000

04.06.25

The second repayment out of the 48 million won of the acquisition loan of the above 7

100,000

204.09.06

The third repayment out of the 48 million won of the acquisition loan of the above 7

100,000

12, 2004.12

The fourth repayment out of the 48 million won of the acquisition loan of the above 7

100,000

204.19

The fifth repayment out of the 48 million won of the acquisition loan of the above 7

80,000

5, 2004.9

The fourth part of this 9-4

104,665

Total

2,502,947

4. Details of reports; and

Year

Matters to be recognized

Details of a tax office (per thousand won)

Trade Name

Business registration number

Representative

Revenue amount

Amount of income;

1987

○○○ Research Association

○ ○

80,000

5,760

1988

Sang Dong-dong

Sang Dong-dong

70,000

5,600

1988

Sang Dong-dong

Sang Dong-dong

398,790

28,409

1990

Sang Dong-dong

Sang Dong-dong

255,212

27,818

1991

Sang Dong-dong

Sang Dong-dong

843,528

54,998

1992

Sang Dong-dong

Sang Dong-dong

96,914

8,528

Total

1,744,44

131,113

Finally.

Related Acts and subordinate statutes

[Inheritance Tax and Gift Tax Act]

Article 45 (Presumption of Donation of Funds, etc. for Acquisition of Property)

(1) Where it is difficult to recognize that a person acquired the relevant property by his/her own means in view of his/her occupation, age, income and property status, etc., as prescribed by Presidential Decree, the funds for acquiring the relevant property shall be presumed to have been donated to the person who acquired the relevant property

(2) Where it is difficult to recognize that a debtor has repaid his/her debts (including partial repayment; hereinafter the same shall apply) by his/her own means in view of his/her occupation, age, income, property status, etc., as prescribed by Presidential Decree, the relevant repayment fund shall be presumed to have been donated by the relevant debtor and the value of donated property of

(3) The provisions of paragraphs (1) and (2) shall not apply to cases where the relevant acquisition fund or repayment fund falls below the amount prescribed by Presidential Decree in consideration of occupation, age, income, property status, etc. and where sufficient vindication exists on the source of the relevant acquisition fund or repayment fund.

[Enforcement Decree of the Inheritance Tax and Gift Tax Act]

Article 34 (Presumption of Donation of Funds, etc. for Acquisition of Property)

(1) The term "cases prescribed by Presidential Decree" in Article 45 (1) and (2) of the Act means cases where the sum of the amounts verified under each of the following subparagraphs falls short of the value of the acquired property or the amount of repayment of debts: Provided, That this shall not include cases where the amount not attested falls short of the smaller of the value of the acquired property or the amount equivalent to 20/100 of the

1. The amount of income which has been reported or received the taxation (including the cases of non-taxation or reduction or exemption; hereafter the same shall apply in this Article);

2. The value of inherited or donated property which has been reported or received a taxation;

3. The amount of money or liabilities received in return for the disposal of the properties, and used directly for the acquisition of the properties or the redemption of such obligations;

(2) The term “amount prescribed by the Presidential Decree” in Article 45 (3) of the Act means the amount determined by the Commissioner of the National Tax Service in consideration of the age, household, occupation, property status, social and economic status, etc., in which the total amount of the funds for acquiring the relevant property or the funds for repaying the relevant debts is not less than 30 million won within ten

Finally.