early 208west2197 ( October 02, 2008)

Donation of profits from listing stocks or equity shares, etc.

It is reasonable to interpret that the deemed donation of donated stocks at the time of the settlement date due to listing or registration of stocks shall apply in cases where the stocks cannot be traded within a certain period.

The contents of the decision shall be the same as attached.

1. The plaintiffs' claims are dismissed.

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

The imposition of KRW 118,283,200 on the gift tax made by the head of Song-dong Tax Office on June 2, 2008 in relation to the Plaintiff High-won Do, Seoul Special Self-Governing Province, and the imposition of KRW 118,683,200 on April 1, 2008 by the head of Sung-dong Tax Office, respectively, shall be revoked.

1. Circumstances of the disposition;

가. 원고 고☆☆는 2000. 2. 26., 원고 고◈◈은 2000. 2. 18. 주식회사 ◎◎하이테크 (이하 '소외 회사'라고 한다)의 최대주주이자 친족으로서 특수관계자인 김@@로부터 그 소유의 소외 회사 주식 각 40,000주(이하 '이 사건 주식'이라 한다)를 1주당 1,000원(액면가 500원)에 취득하였다.

B. The shares of the non-party company were registered with the Korea Securities Dealers Association on February 21, 2002, and on May 21, 2002, the prices within the market price per share on May 21, 2002 are KRW 13,716.

C. As of May 21, 2002, when three months have passed from the date of the registration of the shares of the non-party company, the Defendants: (a) as of May 21, 2002, the difference between the initial acquisition price and the actual increase in corporate value from the value of the shares of this case; (b) the difference between the initial acquisition price and the actual increase in corporate value increases by not less than 30%; and (c) pursuant to Article 41-3(1) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 6780, Dec. 18, 2002; hereinafter referred to as the “Act”), the Plaintiffs deemed to have received benefits from the registration of the shares pursuant to Article 41-3(1) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 6780, Jun. 18, 202; and (d) on April 1, 2008, the director of the tax office of Songdong rendered a notice of KRW 1186,200.

D. On July 17, 2008, Plaintiff 1 filed a request with the Tax Tribunal for a trial on July 17, 2008, but was dismissed on October 13, 2008. The grounds for the rejection of the request for a trial with the Tax Tribunal on May 16, 2008, but the appeal was dismissed on October 2, 2008.

[Ground for Recognition: Facts without dispute, A.1,2 evidence (including paper numbers with each other), not more than

(2) Each entry of the evidence of Nos. 1 to 7, and the purport of the whole pleadings

2. Whether the dispositions of the instant case are legal.

(a)Recommendations of the plaintiffs;

Article 6(4)1 of the former Regulations on Operation of the Association Brokerage Market (Article 21 of the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Stock Exchange (Article 6(4)1); however, the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Stock Exchange (Article 21 of the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Regulations on the Settlement of Stocks) do not apply to the Plaintiffs.

(b) the relevant regulations;

The entries in the attached Table-related regulations shall be as follows.

C. Determination

Article 41-3 of the Act provides that where the largest shareholder, etc. donates or transfers unlisted stocks to a related party, such as his/her children, etc. for the purpose of obtaining enormous marginal profits from the listing or registration of the Korea Stock Exchange or the Korea Securities Dealers Association using the internal government of the company, the profits increased due to the listing or registration of the stocks are subject to gift tax by taking advantage of the profits per se increased by the listing or registration of the stocks as taxable objects. In such cases, the amount of profits increased due to the listing or registration of the stocks cannot be determined at the time of listing or transfer, or can be determined after listing or registration, so that it can be determined based on the price at a certain point after listing or registration of the stocks. Article 41-3(1) of the Act provides that where the value of the stocks increases due to the listing or transfer of the stocks, such profits shall not be deemed as the net increase of assets, and thus, it shall not be deemed that there is a profit equivalent to the transfer of the stocks at the time of listing or registration of the stocks after the listing of the stocks.

3. Conclusion

Since there are no reasons for the plaintiffs' claims, they shall be dismissed.