Whether the person is a person with a special relationship and whether the damage is included in finalized liabilities;

The representative and the employee shall be a person with a special relationship, and the amount of damages may be included in the liability only if the expenses are determined as of the base date of appraisal, but the amount of the damages in this case shall not be included in the liability in calculating the net asset value, because it is not a fixed debt.

Article 35 (Legal Fiction of Donation in Case of Transfer at Low Price or High Price)

Article 47 (Taxable Amount of Gift Tax)

1. The plaintiff's claim is dismissed.

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

The Defendant’s disposition of imposition of gift tax amounting to KRW 342,768,60 against the Plaintiff on June 1, 2007 shall be revoked.

1. Circumstances of dispositions;

The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the descriptions in Gap evidence 1, Gap evidence 3 through 6, Eul evidence 1-1, 2, Eul evidence 2, 3, Eul evidence 4-1 through 4, Eul evidence 5, 6, Eul evidence 8-4, 5, Eul evidence 12-1 through 3, Eul evidence 13, and the whole purport of pleadings:

A. On April 24, 2003, the Jeonmun-gu, the largest shareholder of ○○○○○○ Ltd. (hereinafter referred to as the “Nonindicted Company”) and the representative director, were transferred 13,300 shares issued by the Nonindicted Company to 14 persons including the Plaintiff, etc., who were executives and employees of the Nonparty Company, at the time of the resignation of the representative director, at KRW 5,000 per face value per share. The Plaintiff acquired 5,060 shares (hereinafter referred to as the “instant shares”) from among them to KRW 25,30,000 ( KRW 5,060).

B. From January 22, 2007 to March 6, 2007, the Commissioner of the National Tax Service conducted a tax investigation on the change of shares with respect to the non-party company. After examining the trading cases of the non-party company's shares issued before and after the transfer date, there are several sales cases between January 11, 199 to November 1, 2004, but all sales cases were traded between the non-party company's officers and employees, and the transaction price is 5,000 won per share. The defendant confirmed that all of the sales prices of the non-party company's shares was 5,00 won per share value (the former Act was amended by Act No. 7010, Dec. 30, 2003; hereinafter referred to as the "former Act") and notified the non-party company of the difference between the market price and the non-party company's shares issued by the former Act No. 1817, Dec. 30, 2003; hereinafter referred to as the "former Enforcement Decree").

D. The Plaintiff, who was dissatisfied with the instant disposition, filed an appeal with the National Tax Tribunal on September 3, 2007, but was dismissed on December 21, 2007.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

1) On April 25, 2003, the former text, upon resignation of the representative director of the non-party company, transferred 13,300 shares of the non-party company, which he had held in accordance with the company regulations, to 14 won per share, such as the Plaintiff and Kim Young-do, who was a director and employee of the non-party company at the time of the death. Since the non-party Kim Young-do et al. at the time does not constitute a person with a special relationship with the former text, the former text and the former text and the 5,000 won per share, which is the transaction price of the non-party company, shall be deemed to be the market

(1) On August 1, 2002, the non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's non-party company's 2.

3) Accordingly, the disposition of this case, which the defendant reported differently, is unlawful, even though the plaintiff's acquisition of the shares of this case in 5,000 won per share does not constitute the acquisition of shares at a price below the market price.

(b) Related statutes;

Article 35 (Legal Fiction of Donation in Case of Transfer at Low Price or High Price)

Article 47 (Taxable Amount of Gift Tax)

Article 60 (Principles, etc. of Appraisal)

Article 62 (Appraisal of Securities, etc.)

Article 76 (Determination and Correction of Inheritance Tax and Gift Tax Act)

C. Determination

1) As to the First Claim

A) Whether it constitutes a person with a special relationship;

Article 35 (2) of the former Act provides that "a person in a special relationship under paragraph (1) 1 and 2, a lower price, and the scope of high price shall be prescribed by Presidential Decree." Accordingly, according to Articles 26 (4) 1 and 19 (2) 2 of the former Act, a person in an employee relationship with a transferor or transferee shall be deemed a person in a special relationship.

In this case, the first instance court held 13,300 shares out of 20,00 shares issued by the non-party company at the time of transferring the shares of this case (6.5% holding ratio), and 14 shares transferee of the non-party company including the plaintiff are all officers and employees of the non-party company as seen earlier. Thus, 14 shares transferee including the plaintiff are all employees of the non-party company. Thus, 14 shares transferee including the plaintiff constitutes "employee of the non-party company." Thus, 14 shares transferee including the plaintiff constitutes "a person who is in a special relationship as prescribed by the former ○ and Article 35(2) of the former Act."

B) Whether the amount of KRW 5,000 per share, which is the trading price of the instant shares, should be deemed as the market price

Article 60 (1) of the former Act provides that the value of the property on which a gift tax is levied (value of donated property) shall be calculated on the basis of the market price as of the date of donation as of the base date of appraisal, and Paragraph (2) of the same Article provides that "market price" shall be the value which is generally accepted in cases of free transactions between many and unspecified persons and includes the value which is recognized as the market price under conditions prescribed by Presidential Decree, such as the expropriation and public sale price, appraisal price, appraisal price, and appraisal price, etc. In accordance with delegation, Article 49 (1) of the former Enforcement Decree of the former Act provides that "the value recognized as the market price" means the sale price, appraisal, expropriation, auction or public sale price, in cases of sale, appraisal, or public sale during the period of three months or less before or after the base date of appraisal, and it shall be excluded if the value of the transaction price is recognized

In this case, the plaintiff acquired the shares of the non-party company from 5,00 won per share from 5,00 won per share on the same day on which the plaintiff acquired the shares of the non-party company from 00 won per share from 5,000 won per share, but as seen earlier, the plaintiff and the non-party 12 constituted a person with a special relationship with 12,00 won per share, and thus the transaction value of the shares of this case cannot be recognized as the objective market price of the shares of this case between them, and there is no other evidence that can recognize the acquisition amount of KRW 5,00 per share, which is the above acquisition amount, as the market price at the market price, and there is no other evidence that

(ii)As to the second argument:

In accordance with Article 60(3) of the former Act and Articles 54 through 56 of the Enforcement Decree of the former Act, the market price of the stock of this case was calculated at KRW 224,780 per share in accordance with the supplementary evaluation methods under Article 60(3) of the former Act and Articles 54 through 56 of the former Enforcement Decree of the former Act. However, the Plaintiff’s market price of the stock of this case is calculated at KRW 5,00 per share.

Article 60 (3) of the former Act provides that, in cases where it is difficult to calculate the market price for the latest three years after the commencement of the inheritance, the value according to the method prescribed in Articles 61 through 65 shall be deemed to be the market price, considering the type, size, transaction circumstances, etc. of the relevant property. Article 63 (1) 1 (c) of the former Act provides that, in cases where it is difficult to calculate the market price, the value according to the so-called supplementary method shall be deemed to be the value according to the current net asset value, the value of stocks and equity shares not listed on the ○ Stock Exchange shall be deemed to be the valuation method prescribed by the Presidential Decree in consideration of the assets and earnings, etc. of the relevant corporation, and Article 54 of the former Enforcement Decree provides that, in cases where it is difficult to calculate the market price for the latest three years after the commencement of the inheritance, the amount calculated by dividing the increased amount of profits and losses for the latest three years, including the net asset value of the relevant corporation, the value of the relevant corporation's net asset value before the commencement of the 5 years.

In light of the above laws and regulations, ① of this case, the damages of this case can be included in the debt only when it was "determined as of the base date of appraisal," and even according to the plaintiff's assertion, it cannot be included in the debt when calculating the net asset value of the non-party company, because it was merely an appropriation debt, not a fixed debt, as a result of the non-party company's net asset value as of the base date of appraisal. ② The amount of damages of this case and the amount of the funds of this case are calculated on the basis of the donation date unless the end of the business year is the donation date. And even according to the plaintiff's assertion, each of the above amounts was generated in the business year of 2003, and thus, it cannot be included in the loss amount when calculating the market value of the non-party company's loss. Accordingly, in calculating the market value of the stocks of this case, the amount of damages of this case, damages, and the funds of this case cannot be reflected in the evaluation thereof. Thus, the plaintiff'

(iii) the resolution;

Therefore, the instant disposition imposing the instant shares, which the Plaintiff acquired at a low price of KRW 5,00 per share, from the Jeonmun-gu, a person with a special relationship, at KRW 24,780.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.