The loan of this case shall be deemed as the amount under a sales contract for each land.

The amount that the Plaintiff received from the lessee is cash and the real estate in this case, and the provisional seizure amount may not be deducted from the loan in this case.

Article 16 of the Value-Added Tax Act

Suwon District Court 2015Guhap64719 global income and revocation of disposition

1 Land and any remaining portion of land shall be subject to sale on the same date.

At the time of completing the registration of transfer of ownership, the plaintiff shall make July 1, 2008 with respect to the land of this case.

159,000,000 won, the provisional attachment registration of the JJ has been made by the creditor Co., Ltd.

In fact, ‘B' and ‘BB' on June 24, 2008 HH and 2/23241 of the land in this case.

The sales contract was made to sell KRW 50,000,000, and it was concluded.

In addition to the fact that the plaintiff was aware of the fact that the transfer of registration was not made, the plaintiff was July 2008.

3. The above while filing an application for registration with respect to the land of this case and the remaining shares of the land of this case 2.

The sale price of KRW 600,000,000 under a sales contract is not determined and submitted as it is,

As of the time of this case, legal relationship or burden with respect to each land of this case, i.e. the land of this case

There is a provisional seizure of JJ as to the land of this case, and there is some share in the land of this case

The ownership of the land in this case is transferred to a third party and the remaining shares of the land in this case are all accepted.

With respect to the share 130/130 of 23241, the plaintiff himself transfers his ownership to HH.

60,000,000 of the remaining shares in the land of this case and the land of this case on the premise that the remaining shares are

Since the above 600,000,000 won was the intention to determine, the land of this case as of July 3, 2008

In addition, it is reasonable to deem the value of the remaining shares of the instant 2 land as the value of the remaining shares.

41,115,809 won equivalent to the 7701.5/23241 shares among the two land of this case

600,000,000

We cannot accept the plaintiff's assertion that it should be justified.

2) Whether payment in kind was made on June 3, 2008

In full view of the purport of Gap evidence 2-2's evidence No. 2-2, BB on June 3, 2008

With respect to 1526/231/231 of land, May 15, 2008 shall apply for sale.

The fact that the registration of transfer was completed to the Plaintiff, and the transaction price of shares on the register.

59,087,360 won may be recognized, and the transfer of the above shares by the plaintiff

In relation to the fact that BB did not pay the purchase price, there is no dispute between the parties, and at the time that BB had the obligation to borrow the loan to the Plaintiff, as seen in the preceding 1th disposition.

The plaintiff is a substitute payment for the amount of KRW 59,087,360 out of the principal and interest of the loan to BB.

It is reasonable to view that shares were transferred. This part of the Plaintiff’s assertion cannot be accepted.

3) Whether the provisional attachment cancellation expenses are deducted

A) Claim concerning provisional attachment by JJ as to the land of this case

In full view of Gap evidence No. 2-1's statements and the purport of the whole pleadings, July 1, 2008 1's earth of this case

159,000,000 won in respect of the claim, the provisional attachment registration by the JJ in respect of the creditor corporation

The plaintiff completed the registration of ownership transfer of the above land, and the plaintiff completed the registration of ownership transfer on the above land on July 2008.

Recognizing the fact that the registration of provisional seizure was cancelled on July 17, 2008, as seen in the above 1.

As such, there exists a provisional attachment by JJ as to the land of this case on July 3, 2008

land of this case and the remaining share value of the land of this case

It shall not be evaluated as 600,000,000 and so long as it has been transferred, the cost of cancellation shall not be deducted.

C. The plaintiff's assertion on this part is without merit.

B) Claim regarding the provisional seizure of the land of this case 2

BB As between HH on June 24, 2008, 130/23241 of the instant two land

Sale price of KRW 50,00,000, and sale by the above shares and BB to H on June 9, 2008

Of the instant two land, 1490 shares (sale proceeds: 56,341,250 won) of 23241

If BB fails to obtain permission for the warehouse site, a special agreement is made to refund the purchase price.

The Plaintiff entered into a new sales contract, and the Plaintiff himself, to HH, 130 shares of the above 23241.

Before the end, on July 4, 2008, HH on July 4, 2008, 23241 out of the remaining shares of the land in this case

The registration of transfer of ownership based on sale on July 3, 2008 shall be completed for 130 shares.

The facts are as shown in the preceding 1. A’s 2-2, A’s 4, and A’s 1.

In full view of the purport of the entire pleadings, the Plaintiff’s statement Nos. 5-1, 2, and 8-1, 208.

8.13. Establishment of KK Co., Ltd. (hereinafter referred to as "K"), and the land of this case in KK on the same day;

The Plaintiff’s share (12583.5/23141), the remaining land of this case 2

Of shares, the Plaintiff excluded 1330/231 of shares that the Plaintiff transferred to HH on July 4, 2008.

KK transferred to HH on September 3, 2008 and June 9, 2008

24. 2 Terms and Conditions of Contract of OO Ri land concluded between JB and HH

[Succession] The fact that HH prepared a written confirmation of the content, and HH on September 19, 2008 and September 22, 2008

The land of this case owned by KK, and the above shares in the land of this case owned by KK on September 29, 2008.

(12583.5/231) Each provisional attachment was cancelled on September 24, 2009.

In fact, the Seoul Eastern District Court 2008Kahap18688 claims for refund filed by HH against KK

From March 31, 2009, KK and between HH and K, and the Plaintiff, participating by the Plaintiff as the Intervenor to the conciliation division, KK and the Plaintiff.

The Plaintiff jointly and severally to HH KRW 112,245,650 (130 shares in the land of this case 2/23241)

5,904,400 won for damages, including the purchase price, and 1491/23241 out of the two land of this case

If the purchase price of shares is paid 56,341,250 won and any delay in the payment thereof,

HH cancelled each of the above provisional seizures, and 1490 shares 1491 out of the land of this case for the Plaintiff

(BB) Transfer from June 16, 2008 to the part received before June 16, 2008, and among the land of this case 2

With respect to the 1330 shares (the portion transferred on July 3, 2008 from the plaintiff) of 23241, that portion:

Voluntary mediation of the contents to be done at the time of cancellation of the registration of transfer of ownership (hereinafter referred to as "mediation of this case").

on September 22, 2009, HH’s account with LL as deposit holders.

Account 117,411,986 won (112,245,650 won and 20% per annum from July 1, 2009

The total amount of damages for delay calculated at the rate of 10% was remitted, and HH shall be the Plaintiff on October 7, 2009.

On September 22, 2009, with respect to shares 1490/231 of the land of this case due to sale and purchase

The instant case where HH had completed the registration of ownership transfer, and on June 1, 2010, HH had been transferred from the Plaintiff.

2. Cancellation of a contract on the same date with respect to the above 130/231 of the remaining shares in the land

It may be recognized that the registration of transfer of ownership has been cancelled on the ground.

According to the above facts of recognition, HH’s land of this case and 2/141 of the land of this case

12583.5 Provisional seizure of shares shall be effected against KK all of the above ownership of the above land and shares.

KK was made with the debtor after its transfer, and the cause of which is the west.

Succession to each sales contract between BB and Kim Young-American as of June 9, 2008 and June 24, 2008 by AWA as of June 24, 2008

under this chapter, the Plaintiff or KK entered into a separate arrangement, and the Plaintiff or KK to H

The payment of KRW 117,411,986 is based on the above separate agreement between the Plaintiff and KK and HH, as well as on the completion of the instant conciliation, and the Plaintiff.

To transfer 1330/232 of the remaining shares in the land of this case to HH by transferring 130/23241

Considering that the value of the land of this case and the remaining shares of the land of this case shall be 600,000,000

[1] [Attachment 1] The Plaintiff to KK as to the land of this case and the land of this case 2

The Plaintiff or KK transferred its equity (12583.5/231/231) as it is, and the Plaintiff or KK

A In return for payment of the above KRW 117,411,986 to HH, the land of this case 2 from HH

Korea is the transfer of 1490 shares and 1330 shares of 23241 shares. Thus, the plaintiff is entitled to such transfer.

It shall be deducted from the value of the land of this case and the remaining share value of the land of this case 2.

N. The plaintiff's above assertion is without merit.

3. Conclusion

The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

KimA

00. Head of tax office

on March 30, 2016

November 2016

1. The plaintiff's claim is dismissed.

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

The imposition of global income tax of KRW 150,842,340 on May 24, 2014 by the defendant of the Gu office against the plaintiff on May 24, 2014 shall be revoked.

1. Details of the disposition;

A. BB entered into a contract with CCC on March 22, 2008 to purchase the purchase price of KRW 550,000,000,000 for OO-gun OO-gun 56-1 forest land, 90,97 square meters (hereinafter “the instant one land”) and for the purchase of KRW 56-12 forest land and 23,141 square meters (hereinafter “the instant two land”) of the same Ri, and paid KRW 55,00,000 to CCC on the same day.

B. BB borrowed KRW 400,000,000 from the Plaintiff on May 2, 2008 in order to prepare a balance for each land of this case, and agreed as follows (hereinafter “instant agreement”).

(i) Amount of loan: 600,000,000 won;

(b) Date of redemption: July 1, 2008;

3) Measures to secure bonds

A) At the same time, the Plaintiff paid the loan, and BB shall transfer the ownership of each of the instant land under BB’s name, and the Plaintiff shall set the creditor as the first priority collateral, the maximum debt amount of which is KRW 700,000,000, with the Plaintiff’s creditor as the Plaintiff and the maximum

B) In preparation for the delay in repayment of a loan, the Plaintiff and BB shall prepare and conclude documents, such as a sales contract (the sale price shall be fixed as a loan amount), ② Land transaction report, ③ Transfer of ownership (the seal impression for real estate sale, the certified copy and abstract of resident registration, the seal imprint, the identification card, the registration certificate, and other documents for application). However, if the repayment is made within the date of redemption, the above documents shall be null and void.

4) If BB fails to repay a loan by the due date, the Plaintiff shall commence measures such as recovery of ownership transfer, etc. on each of the instant land without prior notification from the purchaser of the subject-matter of the contract date set forth in this Agreement and the No-mortgage-mortgage-backed security agreement, and BB shall not raise an objection thereto. BB repaid to the Plaintiff the sum of KRW 41,940,103 on June 1, 2008 and KRW 13,731,430 on December 13, 2008.

D. BB entered into each of the following sales agreements with respect to part of the instant two land between DD, EE, F, Plaintiff, GG, and HH. Accordingly, on May 29, 2008, BB completed the registration for transfer of each of the following shares to DD, FF, Plaintiff on June 3, 2008, and HH on June 16, 2008.

E. On July 3, 2008, the Plaintiff completed the registration of ownership transfer on July 3, 2008 as to shares 13,913.5 (the entire shares of BB remaining after being transferred to DD, etc., as described above; hereinafter “the remaining shares of the land of this case”) among the land of this case and the land of this case 2, 13,913.5 (hereinafter “the remaining shares of the land of this case”). The transaction value of this case 520,420,00 won on the registry, and the remaining shares of this case 2 is stated as KRW 79,580,000, and as to the land of this case 1 of this case, the registration of the creditor JJ was completed on July 1, 2008 with the claim amount of KRW 159,000,000.

F. Meanwhile, on June 24, 2008, BB sold 13241/230 of the instant land to HH in KRW 50,000,000. However, on June 9, 2008, BB entered into a conditional purchase agreement with HH on a condition that BB would refund the sales price, if BB fails to obtain permission for the warehouse site, on the said shares and 1490/23241 of the instant two land, which were sold to HH in the instant case. The Plaintiff transferred H the said 130/23241 shares to HH on July 4, 2008, and completed the registration of ownership transfer for reasons of sale and purchase on July 3, 2008.

G. As a result of the tax investigation with respect to BB, the Defendant: (a) borrowed KRW 400,00,00 from the Plaintiff; (b) paid KRW 701,027,463 in total to the Plaintiff for the repayment of the borrowed principal and interest; (c) received the Plaintiff totaling KRW 301,027,463 ( KRW 701,027,463 - 400,000), i.e., interest income; and (d) received the Plaintiff totaling KRW 301,027,463 ( KRW 701,027,463 - 40,000) as follows; and (d) notified the Plaintiff on May 29, 2014, the Defendant corrected and notified the global income tax of KRW 150,842,340 for the year 208. The Plaintiff filed an objection, but the Tax Tribunal dismissed this on February 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 6's evidence 1, 2, Eul evidence 2, Eul evidence 3-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

For the following reasons, the Plaintiff’s repayment amount from BB falls short of KRW 400,00,000 of the leased principal, and thus, the instant disposition based on the premise that the Plaintiff has interest in the non-business loan reverted to the Plaintiff is unlawful.

1) The Plaintiff evaluated the total value of each of the instant lands as KRW 600,000,000, in a state with no initial burden, and if BB fails to repay the principal and interest of KRW 600,000,000 until the maturity date, the Plaintiff agreed to receive the entire land of this case instead of the loan and the interest on loan. However, BB transferred 701.5 shares out of the instant two lands to a third party before the maturity date. BB transferred 41,115,809 (60,000,000 and then multiplied by shares) shall be deducted from the amount of KRW 600,000,000,000, in proportion to the officially assessed value of each of the instant lands.

2) It is unreasonable to view BB as payment in kind for KRW 59,087,360 out of the loan principal and interest on the ground that BB transferred 1526/2321 of the instant land to the Plaintiff on June 3, 2008 to the 1526% of the market price of the instant land was formed high.

3) After acquiring the ownership of the instant land from the Plaintiff, the Plaintiff disbursed KRW 159,00,000 to cancel the provisional seizure (the amount of claims KRW 159,00,000) by JJ on the said land. Since the said provisional seizure was a burden that did not exist at the time of the instant agreement, the said release cost should also be deducted from KRW 600,000,000.

4) On June 24, 2008, BB entered into a special agreement with HH to sell 1330 percent of the land of this case to HH to obtain a warehouse site permit, and failed to implement the agreement. The Plaintiff’s transfer of ownership of the land of this case and the remaining shares of the land of this case to HH, and HH filed a provisional attachment of the Plaintiff’s shares on the ground that HB’s non-performance of the terms of the BB’s special agreement, and filed a lawsuit for refund of the purchase price, and the Plaintiff paid HH KRW 117,41,00,000, and cancelled the provisional attachment. The amount should also be deducted from KRW 600,000.

(b) Related statutes;

It is as shown in the attached Table related statutes.

C. Determination

1) The value of the instant land 1 and the remaining shares of the instant land 2

Article 24 (2) of the former Income Tax Act (amended by Act No. 9897 of Dec. 31, 2009) provides that when a resident imports anything other than money, the amount of income shall be calculated on the basis of the value at the time of the transaction.

In full view of the purport of Gap evidence 1-2, Eul evidence 1-2, Eul evidence 2-1, Eul evidence 5-2, Eul evidence 2-2, Eul evidence 5-2, the plaintiff entered the purchase price of 600,000 won at the time of the contract of this case ( May 2, 2008) and received a real estate transaction contract and a real estate transaction contract, etc. with respect to each of the land of this case where the contract date and the date of payment of the purchase price are public notice. At the time, the plaintiff and Eul transferred the land of this case to a third party, and then they agreed to transfer the remaining land to the plaintiff. The plaintiff did not have to pay the principal and interest on the land of this case by the due date of payment. The plaintiff transferred the remaining land to the plaintiff if it is not possible to repay the principal and interest on the land of this case by the due date of payment. The remaining land of this case was determined separately from the contract of this case 1-2, 2008 and the remaining appraisal price of the land of this case to be determined.