The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 39(1)2(a) of the former Framework Act on National Taxes (amended by Act No. 11124, Dec. 31, 201) provides that an oligopolistic shareholder whose total amount of stocks held exceeds 50/100 of the total number of outstanding stocks of the relevant corporation and who actually exercises the right thereto shall have secondary tax liability.

Here, the determination of oligopolistic stockholders of the relevant corporation which is the requirements for establishing secondary tax liability shall be based on the date such corporation becomes liable for tax liability.

(See Supreme Court Decision 85Nu405 Decided December 10, 1985. Article 530-10 of the former Commercial Act (amended by Act No. 13523, Dec. 1, 2015) provides that “A company or a company surviving a division or a merger after division shall succeed to the rights and obligations of the company to be divided, as prescribed by the written plan or the written agreement of the division.” Article 272(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that when a debtor who is a stock company is divided under the rehabilitation plan or a debtor who is a stock company or part of another company is to merge after division or merger with another company or part of another company, the division or merger under the rehabilitation plan may be divided under the same Article, and Article 530-10 of the former Commercial Act does not exclude the application of Article 530-10 of the former Commercial Act

Therefore, a newly established company due to the division of a rehabilitation company shall succeed to the rights and obligations of the rehabilitation company as prescribed by the rehabilitation plan.

As such, the rights and obligations of the rehabilitation company established according to the rehabilitation plan shall be deemed to include all the rights and obligations of the rehabilitation company established according to the rehabilitation plan, regardless of whether they have arisen from the public law relations or not, except where transfer is not permitted

In addition, the Debtor Rehabilitation Act.