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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The pertinent Plaintiff was the owner of the Gangnam-gu Seoul Metropolitan Government C Building (hereinafter “C Building”) by the company that operates the real estate leasing business.
(At present, D is a person who served as the representative director of the plaintiff until October 12, 201 as the plaintiff's major shareholder, and E is a person who served as a "tax specialist," and the person who served as a "tax specialist," and the person who is the wife of F and the defendant.
B. In order to donate C building to D’s children without normally paying inheritance tax or gift tax, around September 2008, D and E obtained a loan of KRW 30 billion from the bank as security of the Plaintiff’s C building from the bank, and make an investment in the Chinese Steel Company through Hong Kong Pucom in Hong Kong. However, as if the investment losses were incurred after several months, they would recover KRW 4.5 billion out of the said money as liquidation money. The remaining money was established in Hong Kong, and changed into a foreign-invested company by making an investment to the Plaintiff through the said corporation by acquiring more than 1/2 of the Plaintiff’s shares by investing in the Plaintiff, thereby making a contribution to the Plaintiff’s foreign-invested company. In addition, in Hong Kong where no gift tax is imposed, D and E donated the Plaintiff’s shares to G and H without taxes, and solicited the Plaintiff to donate the remainder of the Plaintiff’s shares that have lost the value of foreign investment failure to the Plaintiff’s children in Korea (hereinafter “the above plan”).
2) D) On September 12, 2008, upon the commercial franchise, transferred USD 340,000 (380,000,000 at the exchange rate at that time) of the Plaintiff’s funds deposited for business on or around September 12, 2008 to E via the I account, the representative of which is Hong Kong, under the name of expenses and fees for the establishment of the Pester in Hong Kong. On October 21, 2008, D obtained a loan of KRW 30 billion from a new bank in the name of the Plaintiff as security for the building owned by the Plaintiff.
E on October 22, 2008, the above 30 billion won ($ 21790,000) is to Hong Kong.