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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.
Plaintiff
A.
Reasons
The grounds of appeal are examined.
1. As to the Plaintiff A’s ground of appeal
A. As to the ground of appeal No. 1, Article 41-3(1) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 9916, Jan. 1, 2010; hereinafter "the Inheritance Tax and Gift Tax Act") provides that where a person who received a donation or acquired a consideration for stocks of the pertinent corporation from a person falling under any of the following subparagraphs (hereinafter "the largest shareholder, etc.") who is in a position to use undisclosed information regarding the management, etc. of the pertinent corporation, obtains a donation or a consideration for the acquisition of stocks of the pertinent corporation, etc., within five years from the date of donation or acquisition, due to the listing of the relevant stocks, etc. on the securities market or the KOSDAQ within five years from the date of donation or acquisition, obtains a certain amount of profits in excess of the original taxable amount of gift or acquisition, the donation or the largest investor under Article 22(2) shall be deemed the value of assets donated to the person who acquired such profits, and subparagraph 2 of subparagraph 1 provides that "the person who holds at least 25 percent
Furthermore, Article 31-6 (2) of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 21992, Feb. 4, 2009; hereinafter “Enforcement Decree of the Inheritance Tax and Gift Tax Act”) under the delegation of Article 41-3 (1) 2 of the Inheritance Tax and Gift Tax Act (hereinafter “the Enforcement Decree of the Inheritance Tax and Gift Tax Act”) provides that “a person who holds at least 25/100” in Article 41-3 (1) 2 of the Act refers to a person prescribed by Presidential Decree who holds at least 25/100 of the total number of stocks, etc. owned by a person in a relationship falling under any of the subparagraphs of Article 19 (2).” Article 19 (2) 1 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act defines “relative” as one of those who have such relationship.
(2) The provisions of the Enforcement Decree are the mother law.