1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The scope of this court’s judgment is limited to the penalty tax portion given that the Plaintiff filed a lawsuit seeking revocation of the disposition imposing capital gains tax (including additional tax) and filed an appeal only to the portion of the judgment of the court of first instance, which was rendered by the court of first instance.

2. The reasons why the court should explain this part of the disposition are as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the following changes.

Part II changed "73,125,090 won" to "73,125,090 won (including additional tax 16,952,798 won)".

3. Whether the part concerning penalty tax in the instant disposition is lawful

A. At the time of payment, the Plaintiff filed a voluntary report and paid capital gains tax on the instant land to the Namyang Tax Office, which is the competent tax office, by requesting a certified tax accountant who is a tax specialist. At the time of payment, the Plaintiff confirmed payment without notifying the Plaintiff that the instant land does not fall under the reduction and exemption.

Nevertheless, it is unreasonable to impose penalty tax on the Plaintiff after the lapse of three years and eight months from the Defendant.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) According to Article 114(2) of the Income Tax Act, in cases where there are omissions or errors in the details of a return made by a person who made a preliminary return, the tax authority should rectify the tax base and tax amount of transfer income, and the transfer income tax for five years from the date when the exclusion period of imposition can be imposed pursuant to Article 26-2(1)3 of the former Framework Act on National Taxes (wholly amended by Act No. 10405, Dec. 27, 2010). Thus, if the tax authority finds omissions or errors in the details of a preliminary return of transfer income tax, it shall be deemed that the exclusion period of imposition for five years can rectify the tax base and tax