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1. The Defendant’s disposition of imposition of gift tax amounting to KRW 566,250,990 against the Plaintiff on October 1, 2012 shall be revoked.
2...
Reasons
1. Details of the disposition;
A. On April 1, 2009, the Plaintiff acquired 36,597 shares of C Co., Ltd. (hereinafter “instant company”) from B (hereinafter “instant company”) in KRW 5,000 per share.
B. Pursuant to Articles 60 and 63 of the former Inheritance Tax and Gift Tax Act (amended by Act No. 9916, Jan. 1, 2010; hereinafter “former Inheritance Tax and Gift Tax Act”) and Article 54 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 22042, Feb. 18, 2010; hereinafter “former Enforcement Decree of the Inheritance Tax and Gift Tax Act”), the Defendant determined that the market price of the instant shares is 49,125 won, and notified the Plaintiff of KRW 56,250,90 on Oct. 1, 2012 pursuant to Article 35 of the former Inheritance Tax and Gift Tax Act and Article 26 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act.
(hereinafter referred to as “instant disposition”). C.
On December 18, 2012, the Plaintiff appealed to the Tax Tribunal. However, the said claim was dismissed on September 25, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In view of the fact that the Plaintiff’s assertion of the instant shares was most unlisted stocks in most cases where the market price is unknown, and that B was under economic pressure at the time of transferring the instant shares, and there was no reason to give economic benefits to the Plaintiff, it cannot be deemed that the Plaintiff acquired the instant shares at a price significantly lower than the market price without justifiable grounds in light of the transactional practice.
(b) as shown in the attached Form of the relevant statutes;
C. 1) Article 35(2) of the former Inheritance Tax and Gift Tax Act provides a donation of the amount equivalent to the difference between the price and the market price in a case where a person, other than a person in a special relationship, acquires an asset at a price significantly lower than the market price, without justifiable grounds, due to transactional practices.