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. The reasoning for the court’s explanation of this case is as follows, except for the addition of the judgment that the plaintiff emphasizes or added in the trial again under Paragraph 2 below, the part of the reasons for the judgment of the court of first instance is the same as the part of the reasoning of the judgment. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Additional parts

A. In order to assess the value of the Plaintiff’s assertion of the instant shares, Article 64(2) of the former Inheritance and Gift Tax Act and Article 59(5) of the former Enforcement Decree of the former Inheritance and Gift Tax Act shall apply to the appraisal of the value of the instant shares, taking into account the circumstances where there was no sales through the instant recycling technology.

In such a case, even if the value assessed as above is less than the book value of the recycling technology of this case, it constitutes “justifiable cause less than the book value” under Article 55(1) of the former Enforcement Decree of the Inheritance and Gift Tax Act, and thus, it should have calculated the value of the recycling technology of this case as the assessed value and determined

Nevertheless, the Defendant: (a) deemed that B purchased the instant renewable technology; and (b) applied Articles 60(3) and 64(1) of the former Inheritance and Gift Tax Act; and (c) applied Article 59(1) of the former Enforcement Decree of the Inheritance and Gift Tax Act, assessed the value of the instant shares based on KRW 3,320,000,000, which is the book value of the instant renewable technology; and (c) thus,

B. As to the supplementary assessment method of 1 unlisted stocks, Article 63(1)1(c) of the former Inheritance and Gift Tax Act and Article 54 of the former Enforcement Decree of the former Enforcement Decree of the Inheritance and Gift Tax Act provide that the net value of the unlisted stocks shall be the weighted average value of the net profit and loss per share and the net asset value per share in the ratio of 3 to 2, respectively, and the net asset value among them shall be the value obtained by dividing the net asset value of the pertinent corporation by the total number of issued stocks. Article 5(1) of the former Enforcement Decree of the Inheritance and Gift Tax Act provides that the net asset value of the pertinent corporation as of the base date of appraisal