1. The plaintiff's claim is dismissed.

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

Details of the disposition

On September 23, 2004, the Plaintiff purchased and acquired the instant land with C (hereinafter “instant land”). On June 18, 2007, the Plaintiff sold KRW 3,100,000,000 to the long-term housing company, a corporation seeking housing construction work on the instant land (hereinafter “transferee”).

At the time of the above sales contract for the land of this case, the Plaintiff and C first transferred the ownership of the land of this case to the transferee for the smooth progress of the business, but the Plaintiff and C agreed to take over the obligation of the assignee in lieu of the purchase price, and the remaining purchase price of KRW 1,200,000,000,000, for each of the instant land loaned under the name of the Plaintiff as security with each of the instant land, and the transferee shall pay the Plaintiff and C each of the KRW 500,000,000 to the Plaintiff and C.

On June 2, 2008, the Plaintiff filed a preliminary return on the transfer income tax with the acquisition value of the Plaintiff’s share out of the instant land as KRW 1,075,030,000, transfer value of KRW 1,000,000, transfer value of KRW 54,123,570, transfer margin-129,653, and the Plaintiff filed a preliminary return on the transfer income tax as KRW 129,159,653. As to the instant land at the time, the Plaintiff submitted to the Defendant a sales contract, written by lowering the purchase price as KRW 2,00,000,000, in the form of a report on transfer income tax,

After investigating whether the transfer value of the instant land is appropriate, on December 1, 2016, the Defendant issued a revised notice to the Plaintiff on December 31, 2016, on the ground that the actual transfer value of the instant land was confirmed to be KRW 3,100,000,000, for the reason that the transfer value of the Plaintiff’s share was confirmed to be KRW 1,550,000,000, the transfer income tax calculated by applying such transfer value was paid at KRW 335,269,038,038, as the payment deadline.

(hereinafter “instant disposition”). The Plaintiff filed a request for trial with the Tax Tribunal on May 4, 2017, upon filing an objection on January 4, 2017.