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. The reasoning for the court's explanation concerning this case is that the "10.8 million shares" of the second 16th 16th 1 of the judgment of the court of first instance is "1,080,000 shares", and the "payment" of the fourteenth 2th 14th 2 of the judgment of the court of first instance is the same as the part of the grounds for the judgment of the court of first instance, except where the defendant adds a new judgment on the new argument made at the court of first instance under Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on new arguments in the trial

A. The Defendant’s assertion that the securities transaction tax is the transfer of the original share certificates or shares (hereinafter “share certificates, etc.”), and is a kind of distribution tax that recognizes and imposes the ability to pay taxes. Since the transferor does not impose the benefits that can be obtained by disposing of share certificates, etc., but rather imposes the transfer of share certificates, etc. from the transferor itself, the fact that the transferor transfers the share certificates, etc. to the transferee is subject to taxation. As such, the securities transaction tax should be imposed as a matter of course on the preemptive right of this case for which payment was already paid as consideration for the transfer of ownership, and the disposition of imposition of the securities transaction tax is not unlawful

B. The transfer of stock certificates or shares (hereinafter referred to as “stock certificates, etc.”) under Article 1 of the former Securities Transaction Tax Act (amended by Act No. 10401, Dec. 27, 2010) shall be subject to the securities transaction tax under this Act.

Provided, That where the transfer of share certificates, etc. falls under any of the following subparagraphs, the securities transaction tax shall not be imposed:

1. It shall be limited to the securities market under Article 9 (13) 1 of the Financial Investment Services and Capital Markets Act and the KOSDAQ market under subparagraph 2 of the same paragraph, which are markets in foreign countries and prescribed by Presidential Decree, which are similar to the securities market (hereinafter referred to as "securities market"); hereafter the same shall apply;