1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

The reasons for this court's acceptance of the judgment of the court of first instance are as follows: (a) the reasons for this court's acceptance of the judgment of the court of first instance is as follows: (b) Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the parts from 4 to 8 pages 8 of the judgment of the court of first instance to 4 pages.

C. (1) Determination (1) Article 41-5(1) of the Inheritance and Gift Tax Act provides that “Where a person with a special relationship with the largest shareholder, etc. has received stocks, etc. of the relevant corporation from the largest shareholder, etc. or has acquired stocks, etc. of another corporation with donated assets, etc. from a person who is not the largest shareholder, etc., or acquired stocks, etc. of the relevant corporation from a person who is not the largest shareholder, etc., and the value of the stocks, etc. has increased as a result of the merger with the relevant corporation or a stock-listed corporation having a special relationship with the relevant corporation within five years from the date of donation or acquisition, the amount equivalent to such profits shall be deemed the value of property donated to the person who has acquired the profits above the standard prescribed by Presidential Decree in excess of the original taxable value or acquisition value of the gift tax.” The main sentence of Article 41-3(2) provides that “The provisions of Article

Meanwhile, Article 41-3 (1) of the Inheritance and Gift Tax Act provides that where a person having a special relationship with the largest shareholder, etc. receives or acquires stocks, etc. of the relevant corporation with compensation from the largest shareholder, etc., the date of donation or acquisition, and where the corporation acquires stocks, etc. of the relevant corporation from a person who is not the largest shareholder, etc. with the donated assets, the value of the stocks, etc.