1. Revocation of the first instance judgment.

2. The Defendant’s gift tax amounting to KRW 629,308,60 on December 1, 2016, to the Plaintiff on December 1, 2016.

1. The grounds for the court’s explanation on this part of the Plaintiff’s assertion are as stated in the judgment of the court of first instance. Thus, this part of the reasoning is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

B. 1) The main text of Article 60(1) of the Inheritance and Gift Tax Act provides that “The value of the property on which inheritance tax or gift tax is imposed pursuant to this Act shall be based on the market price as of the date the inheritance commences or the date of donation (hereinafter “date of appraisal”).” Paragraph (2) of the same Article provides that “The market price under paragraph (1) shall be the value generally recognized as being established when a transaction is made freely between many and unspecified persons and shall be deemed as the market price, as prescribed by Presidential Decree, such as the expropriation price, public sale price, and appraisal price.”

In addition, the main text of Article 49(1) of the former Enforcement Decree of the Inheritance and Gift Tax Act (amended by Presidential Decree No. 26960, Feb. 5, 2016; hereinafter “Enforcement Decree of the Inheritance and Gift Tax Act”) provides that “The amount recognized as the market price as prescribed by Presidential Decree, such as the expropriation price, public sale price, appraisal price, etc. under Article 60(2) of the Act means any of the following, where there is a transaction, etc. during a period not exceeding six months before or after the base date of appraisal (three months in cases of donated property),” and Article 49(1)1(a) of the former Enforcement Decree of the same Act provides that “if there is a transaction fact of the relevant property, it shall be the transaction amount, but the transaction amount shall be excluded where it is deemed objectively

On the other hand, Article 60 (3) of the Inheritance and Gift Tax Act provides that if it is difficult to calculate the market price, the type, scale, transaction situation, etc. of the relevant property shall be considered.