Revocation of Disposition Imposing Gift Tax

The issue of this case’s capital increase cannot be deemed as falling under a third party’s capital increase by means of a public offering of new shares, and it is not unlawful to evaluate the donation profits as of the date of payment of shares, and the Plaintiff’s assertion that the instant shares were transferred under the payment agreement and did not actually acquire the instant shares cannot be acknowledged.

Article 39 of the former Inheritance Tax and Gift Tax Act (amended by Act No. 8828 of Dec. 31, 2007)

2016Nu70484 Revocation of Disposition of Imposition of Gift Tax

Park*

*The Director of the Tax Office

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The disposition of imposition of KRW 65,070,410 against the plaintiff on February 14, 2015 by the defendant shall be revoked.

1. Quotation of judgment of the first instance;

The reasoning of the judgment of the court is as follows: “The last 10th sentence of the judgment of the court of first instance shall not be followed; and “(the same shall apply even if the statement of evidence Nos. 7 through 9, which was additionally submitted by the court of first instance, is added” is identical to the reasoning of the judgment of the court of first instance; therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the text of

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.