The judgment below

Among gift tax, the part concerning the imposition of KRW 144,752,720 is reversed, and this part of this case is reversed.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. Prior to the amendment by Act No. 8828 of Dec. 31, 2007, the former Inheritance Tax and Gift Tax Act

A. The Act provides that “the Act shall be

Article 41(1) of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 22042, Feb. 18, 2010)

I. The Enforcement Decree (hereinafter referred to as “Enforcement Decree”)

) Article 31(1)1 of the Act provides that a corporation that has losses or is under suspension or discontinuance of business (hereinafter referred to as “specific corporation”).

A) As to the donation of profits through transactions with the Korea Stock Exchange, a corporation with losses is not listed on the Korea Stock Exchange. In this case, losses under Article 18(1)1 of the Enforcement Decree of the Corporate Tax Act shall be deemed to have been compensated until the business year to which the donation date belongs pursuant to Article 41(1) of the Corporate Tax Act, but losses for the business year to which the donation date belongs shall be deemed to have been included in its gross income pursuant to the provisions of Article 41(1) of the Corporate Tax Act. Such provisions stipulate that “a corporation with losses” in Article 31(1)1 of the Enforcement Decree shall be deemed to have losses until the business year to which the donation date belongs until the donation date belongs, unless there exist special circumstances within the scope of losses for the business year to which the donation date belongs”