Since the actual purchase price of shares is confirmed, a disposition imposed on par value is illegal.

Since the acquisition value is confirmed to have been paid 75 million won per share by means of remitting the purchase price for 1,500 shares to the account designated by the transferor to the account designated by the transferor, the disposition imposing tax on deeming the acquisition value as 7,500,000 won per share is unlawful.

2011Gudan5769 Revocation of Disposition of Imposing capital gains tax

Park AA

○ Head of tax office

August 23, 2011

September 27, 2011

1. The Defendant’s disposition of capital gains tax against the Plaintiff on July 7, 2010 that exceeds KRW 16,94,90 shall be revoked.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 3/5 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

The Defendant’s disposition of imposition of capital gains tax of KRW 26,650,050 against the Plaintiff on July 7, 2010 is revoked.

1. Details of the disposition;

A. On December 30, 2002, the Plaintiff acquired and retained at KRW 500,00 per share of KRW 50,000 (in total, KRW 5,000 per share, KRW 75,00,000 per share, KRW 1,000 among the shares of this case, at around March 20, 206, Kim shall transfer at KRW 140,000 per share ( KRW 140,000 per share, KRW 140,000 per share), and the remainder of KRW 500 per share shall be calculated at KRW 111,282, and exchanged with DD shares.

B. On July 7, 2010, the Defendant calculated the transfer value of the instant shares at KRW 195,640,500, and the acquisition value at KRW 7,500,000, with respect to the Plaintiff, and determined and notified KRW 26,650,050 as income tax for the year 2006 (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

Although the acquisition value of the instant shares was KRW 75 million, the Plaintiff’s disposition that calculated capital gains by deeming it as KRW 7.5 million is unlawful.

(b)a recognition;

(1) On December 30, 2002, the Plaintiff decided to purchase 4,50 shares inCC and 500 shares in the KE, but decided to purchase 150 shares in the above 5,00 shares in the above 5,00 shares, and decided not to purchase 3,50 shares in the remaining 3,50 shares.

(2) On the other hand, the above 3,500 shares, which the Plaintiff decided to purchase and decided not to purchase, were in the form that the Plaintiff re-sales to the largest FF, and the sizeB decided to receive direct share purchase from the largest F.

(3) The Plaintiff paid KRW 75 million per share (50,000 per share) by means of remitting the purchase price for the instant shares (1.500 shares) to an account designated by the KB (an account of the AE and the FF). [Grounds for recognition] The purport of the entire pleadings in each of the above evidence, Gap evidence, evidence Nos. 1 through 7, and evidence No. 9

C. Determination

(1) According to the above facts, the acquisition value of the shares of this case is KRW 75 million, and unlike this, the acquisition value of the shares of this case is calculated by deeming the acquisition value of the shares of this case as KRW 7.5 million and the disposition of this case is unlawful.

(2) Calculation of the fixed capital gains tax

The legitimate capital gains tax calculated by deeming the acquisition value of the shares of this case as KRW 75 million is KRW 16,944,900 as shown in the attached Table of Calculation.

3. Conclusion

Therefore, the part of the disposition of this case which exceeds 16,94,900 won is illegal. Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.