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1. The Defendant’s imposition of KRW 2,464,709,180 against the Plaintiff on February 4, 2013 shall be revoked.
Reasons
1. Details of the disposition;
A. The Plaintiff, who was the head of an Asan Factory (Executive Director) of B Co., Ltd. (hereinafter “B”), participated as the promoters of C Co., Ltd. and acquired 1600,000 shares out of 1.6 million shares (the face value is KRW 5,00,00) to be issued at the time of incorporation. Around December 2005, the Plaintiff received donation of KRW 80,000 from D, which was the controlling shareholder of B, and paid the said money as the investment capital.
After its incorporation on December 29, 2005, C merged “Co. E” with “Co., Ltd.” on January 2, 2007, and “B” on August 31, 2007, and changed its trade name to “F” on April 7, 2009.
(hereinafter referred to as “F”) C. b.
The above shares 16,00 shares were divided into face value of 500 won and increased without compensation, and the number of shares was 205,009 shares at the end of 2009, and F shares were listed on the Korea Stock Exchange on January 28, 2010, within five years from the date of the Plaintiff’s acquisition of shares.
C. On January 3, 2011, the Defendant: (a) deemed F’s share listing date of Apr. 28, 2010, the date of F’s stock listing date, which was three months from Jan. 28, 2010, as the donation date; (b) calculated the donation profit; (c) based on Article 41-3(2) of the Inheritance Tax and Gift Tax Act, the Defendant imposed KRW 1,394,941,360 as gift tax for the year 2010, pursuant to Article 41-3(2) of the same Act.
On February 4, 2012, the Plaintiff appealed and filed a request for an adjudication on February 4, 2012, and the Tax Tribunal revoked the said disposition on the ground that the Defendant erroneously reported the time of donation and imposed gift tax.
E. In other words, the Defendant evaluated the value of listed stocks with the average of the closing prices of the exchange prices (29,007 won per share) of each two months before and after the base date as of January 28, 2010, which was the date of F’s stock listing as of December 31, 2005, deeming the donation time as the date of Dec. 31, 2005, and as of January 28, 2010, the date of F’s stock listing as of January 28, 2010. The Defendant calculated the gift profits as shown in the following table, and then calculated the gift profits as of February 4, 2013 to the Plaintiff.