1. The Defendant’s disposition of imposing gift tax amounting to KRW 276,179,040 (including penalty tax) imposed on the Plaintiff on February 6, 2013 shall be revoked.

2...

1. Details of the disposition;

A. On July 23, 2007, the Plaintiff acquired 42,000 shares of Company B, a KOSDAQ-listed corporation (hereinafter “B”) (hereinafter “instant shares”), totaling KRW 483,00,000 per share of KRW 11,500 per share, and transferred the ownership on December 31, 2007.

After that, on August 27, 2008, the Plaintiff changed the title to C, a major shareholder of B, with respect to the instant shares.

B. On February 6, 2013, the Defendant assessed the Plaintiff as KRW 17,430 per share of the instant shares in accordance with the supplementary assessment method, and calculated as KRW 732,060,000, the value of donated property for the instant shares was calculated as KRW 732,000, and imposed a gift tax amount of KRW 276,179,040 (including additional tax) pursuant to Article 45-2 of the Inheritance Tax and Gift Tax Act (amended by Act No. 8828, Dec. 31, 2007; hereinafter “Inheritance Tax Act”).

(hereinafter “instant disposition”). C.

The Plaintiff appealed and filed an appeal on April 12, 2013, but was dismissed by the Tax Tribunal on December 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 5, 6, 7 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) The Plaintiff purchased the instant shares by borrowing KRW 483,00,000 from C, and the Plaintiff sold the instant shares to C in favor of being sold by D (hereinafter “D”) if B is acquired by a multinational security enterprise D (hereinafter “D”). As such, the instant shares are owned by the Plaintiff and do not constitute title trust.

(2) Even if the shares of this case were held in title trust, C was for the purpose of securing a favorable share in the management right dispute with E, a partner, and when acquiring shares in C’s name, it could stimulate E, a competitor, to cause share price increase due to mutual gathering. The Regulations on the Regulations on the KOSDAQ market listing on December 7, 2007.