1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Details of the disposition;

A. Ireland Co., Ltd. (hereinafter “Aland”) was established on March 28, 2007 for the purpose of the operation, management, and development of golf courses, and 120,000 shares out of 200,000 shares issued at the time of its establishment were each owned by B, and C and D, their respective 40,000 shares, respectively.

E. The E.S., Inc. (hereinafter “E.”), on April 5, 2007, acquired 200,000 shares additionally issued by Ireland, but transferred it to A (hereinafter “A”) on July 25, 2008.

When arranging the details of changes in stock holding, the following table shall be as follows:

On March 28, 2007, the shareholder on July 25, 2008, the ratio of shares in the number of shares on April 2007 to the number of shares on July 25, 2008, 120,000 shares B 120,000 shares, 30% C 30% C 40,000 shares 40,000% 40,000 shares 40,000 shares 10% D 40,000 shares 40,000 shares 40,000 shares 10% 40,000 shares 40,000 shares 10,000 shares 20,000 shares A 20,000 shares A 20,000 shares A 20,000 shares per share 100,000 shares per share.

B. Meanwhile, D was appointed as a director of A on January 21, 2008, and on February 21, 2014, it was appointed as a representative director.

C. The Defendant: (a) assessed acquisition tax on July 25, 200 on the ground that “A acquired shares 200,000 shares issued in Ireland; (b) more than D’s shares (40,00 shares) held by a specially related party as a director, and became an oligopolistic shareholder with the ratio exceeding 50%; and (c) accordingly, imposed tax on and collected acquisition tax on A on May 15, 2013 pursuant to the main sentence of Article 105(6) of the former Local Tax Act (wholly amended by Act No. 10221, Mar. 31, 2010; hereinafter the same) by deeming that “A became an oligopolistic shareholder with the ratio exceeding 50% of the shares held by D(40,00 shares).”

(hereinafter “instant disposition”) D.

On the other hand, on June 9, 2015, A was decided to commence rehabilitation procedures by Seoul Central District Court 2015 Ma100120, and D was appointed as a custodian. The Defendant, on June 19, 2015, totaling KRW 1,442,638,540, and KRW 144,210,410, and KRW 1,586,848,950.