1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the instant disposition

A. The Plaintiff, from March 10, 1996 to March 1996, was engaged in fish farming in the name of “C” from each real estate listed in the separate sheet (hereinafter “each real estate of this case”), and the Plaintiff was engaged in fish farming on July 19, 2012.

1. The value of each of the lands listed in the table Nos. 1 through 7 (hereinafter “each of the instant lands”) was calculated as KRW 282,212,00 in total, and the value of each of the buildings listed in the table Nos. 8 through 11 (hereinafter “each of the instant buildings”) was calculated as KRW 25,20,000 in total, and established D fisheries partnership (hereinafter “instant corporation”) by investing each of the instant real estate in kind (hereinafter “instant investment in kind”). On September 3, 2012, the instant corporation completed the registration of ownership transfer on the grounds of the conversion into the corporation on July 19, 2012.

B. On December 19, 2013, the Plaintiff filed a report on capital gains tax and the application for carryover taxation with respect to the instant investment in kind with KRW 213,480,01 with the transfer value of each of the instant real estate as KRW 48,846,602, and filed a report on KRW 23,39,336 of capital gains tax due to the instant investment in kind. On December 20, 2013, the Plaintiff filed an application for carried-over taxation with respect to the instant investment in kind pursuant to Article 32 of the former Restriction of Special Taxation Act (amended by Act No. 11614, Jan. 1, 2013; hereinafter “former Restriction of Special Taxation Act”).

C. The Defendant imposed capital gains tax on the ground that the Plaintiff did not file an application for the carried-over taxation by May 31, 2013, which is the final return date of tax base of capital gains tax, the Defendant: (a) excluded the application of carried-over taxation under Article 32 of the former Restriction of Special Taxation Act; (b) on December 1, 2014, on the Plaintiff, the transfer value of the Plaintiff is KRW 307,412,00, the actual transaction value; and (c) the acquisition value is KRW 101,716,780, the conversion value based on the said actual transaction value; and (d) notified the rectification of KRW 4

(c).