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Reasons
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(영문) 수원지방법원 2019.07.24 2018구단1705
양도세부과처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B Co., Ltd. (hereinafter “Nonindicted Company”) is a company established for the purpose of designing and installing exhibits, models, and manufacturing and installing businesses. The Plaintiff served as the representative director of the Nonparty Company from September 12, 2001 to May 17, 2004, and from May 21, 2004 to August 5, 201.

B. On May 12, 201, the Plaintiff, C, D, E, and F, the shareholders of the non-party company, transferred management rights to the non-party company at KRW 200,000,00 (the Plaintiff: 80,000 shares, D: 20,000 shares, E: 40,000 shares, and 280,000 won for the purchase price to the non-party company, and the non-party company at KRW 1.8 billion for the payment method of the purchase price shall be paid by August 30, 201, and the remaining KRW 1 billion shall be paid within six months from the date of this contract, and within 60 days from the date of this contract, the contract was concluded with the non-party company to pay the provisional payment amount of KRW 2.4 billion to the buyer (hereinafter “the original transfer contract”).

C. Since then on November 2013, the Plaintiff as the representative of the above transferor, and as the representative of G, 20,000 shares (the Plaintiff: 80,000 shares (hereinafter “instant shares”) are all issued by the non-party company to G.

() A. C: 40 million shares, D: 20 million shares, E: 40,00 shares, and F: 20,000 won (Plaintiff shares: 760,000 won, C shares: 380,000 won: 190,000 won, E shares: 380,000 won, and 190,000 won: 190,000 won, and 190,000 won; 1.80,000 won, and 1.80,000 won, in relation to the method of payment of the purchase price, G shall substitute for the payment made on or around August 28, 201, and the balance of 10,000 won shall be paid on November 28, 201, and the content of the instant general contract, except for the amendment of the share purchase price, was amended to the effect of the instant contract (hereinafter referred to as “transfer”).

G around June 2014, the remainder KRW 100 million upon ratification of the instant transfer agreement.

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