1. The plaintiff's claim is dismissed.

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

1. Plaintiff 1,988 won on September 17, 201, 201, 1,056, 2,100,000 won on August 26, 2008, or KRW 350,00,000 on October 26, 2008, or KRW 176,988 won on January 26, 2008, or KRW 350,00,000 on September 26, 2008;

A. The Plaintiff and B acquired the Home Capital Co., Ltd.’s separate bonds with warrants and exercised them as follows.

B. On November 2013, the Defendant determined and notified KRW 45,883,950 as gift tax on profits from exercising preemptive rights, and KRW 161,809,440 as gift tax pursuant to the title trust donation agenda, on the ground that the Plaintiff was in title trust with the Plaintiff, and that gift tax was not reported pursuant to the said exercise.

(hereinafter “instant disposition”). C.

On January 20, 2014, the Plaintiff filed an appeal with the Tax Tribunal, but was dismissed on January 6, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 45-2 of the Inheritance Tax and Gift Tax Act explicitly states that the provision on substantial taxation does not apply to cases where the provision on substantial taxation is applied. Thus, the disposition that the Defendant imposed gift tax on B and the Plaintiff, the nominal owner, respectively, on the exercise of the preemptive right to new shares in B is contrary to Article 3(1)2 of the Framework Act on National Taxes and Article 45-2 of the Inheritance Tax and Gift Tax Act. (2) Since the tax base of gift tax imposed pursuant to the legal fiction on title trust donation includes profits arising from the exercise of preemptive right, the instant disposition

B. (1) In a case where the actual owner of an asset necessary for the transfer of rights or the registration thereof is different from the nominal owner, the value of the asset shall be deemed to have been donated from the actual owner on the date when the nominal owner is registered (Article 45-2 of the Inheritance Tax and Gift Tax Act and Article 4(5) of the Inheritance Tax and Gift Tax Act).