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 August 18, 2009, the Plaintiff transferred 90,000 shares issued by Company B, a corporation located in Hong Kong (hereinafter “C”) (hereinafter “instant shares”) to Hong Kong nationality D, and did not file a transfer income tax on the ground that the transfer of assets abroad by a domestic resident of less than five years as of the transfer date was not subject to capital gains tax.

B. From June 16, 2014 to September 5, 2014, the director of the Central Regional Tax Office: (a) conducted a tax investigation; (b) notified the Plaintiff as a domestic resident who has his/her domicile or residence in Korea for at least five years as of the date of the transfer of the instant shares; (c) accordingly, on October 1, 2014, the Defendant notified the Plaintiff of KRW 949,976,960 (including additional taxes) of the transfer income tax reverted to the Plaintiff in 2009.

(hereinafter “instant disposition”). C.

On November 20, 2014, the Plaintiff appealed to the Tax Tribunal, but was dismissed on July 27, 2016.

[Ground of recognition] No dispute, Gap 1 to 4, Eul 1's each entry, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that transfer income tax on the transfer of assets abroad shall be imposed only on a domestic resident who has his domicile or residence in Korea for at least five consecutive years prior to the date of transfer of the pertinent assets under the Income Tax Act. The Plaintiff acquired a permanent residence certificate on around 1992 and a foreign resident to Hong Kong. The Plaintiff continued to work in a foreign country after employed in Hong Kong C, and there was no particular assets in Korea other than the apartment acquired before the immigration. The Plaintiff constitutes a non-resident under the Income Tax Act until November 18, 2004, which is the day before the last entry into Korea with his spouse for domestic residence after the Hong Kong immigration. However, the instant disposition on the premise that the Plaintiff falls under a resident at the time of August 31, 2004, which is the tax base date, should be revoked.

(b) The attached Form of relevant statutes is as follows.

C. On February 1, 1979, the Plaintiff was found to have obtained the recognition.