1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On June 13, 2007, the Plaintiff, a KOSDAQ-listed corporation, participated in the capital increase issued on June 13, 2007 by 522,450 shares (hereinafter “instant shares”) by a third party’s direct allocation method, and acquired KRW 1,225 won per share (50 won per share), 640,001,250 won per share (50 won per share).

On the other hand, the existing shareholders of the company of this case did not allocate new shares during the subscription process of this case.

B. As a result of the Seoul Regional Tax Office’s investigation of a change in shares in 2007 and 2008 with respect to the instant company, the Seoul Regional Tax Office assessed the value of shares of the instant company as KRW 1,611, out of KRW 2,704, the average of the closing price after capital increase with the above capital increase, and KRW 1,611, which is the theoretical right price, and notified the Defendant of the assessment data. The Seoul Regional Tax Office determined that the Plaintiff acquired the profit of KRW 201,65,700 (= KRW 522,450 x 386) with respect to the difference between KRW 1,61, the appraised value and KRW 1,225, which is the price per share of the instant shares acquired by the Plaintiff and KRW 1,225, which is the price per share of the instant shares acquired by the Plaintiff through a third party’s allotment

C. The Defendant imposed and collected gift tax of KRW 45,543,700 on the Plaintiff on September 10, 2012 in accordance with the foregoing notice of taxation data.

On April 19, 2013, the Plaintiff appealed to the Tax Tribunal on April 19, 2013, but was dismissed on August 7, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1 (including paper numbers), the purport of whole pleadings

2. Whether the instant disposition is lawful

A. Unless the difference between the appraisal value of the Plaintiff’s assertion and the purchase value of the Plaintiff’s share falls under 30% or more of the appraisal value of the instant shares, taxation cannot be made. The difference between the appraisal value of the instant shares (1,611 won) and the Plaintiff’s purchase price of the instant shares (1,225 won) is below 386 won, which is 1,611 won.