Whether the difference between the acquisition price of new stocks under the conditions of protection and the market price constitutes deemed donation

Since the validity of a juristic act of acquiring shares cannot be deemed to depend on the gender of an uncertain fact in the future, it does not constitute conditional rights. Therefore, the amount equivalent to the difference allocated by a third party at a price lower than the market price of new shares constitutes deemed donation.

Donation under Article 39 of the Inheritance Tax and Gift Tax Act

Article 63 of the Inheritance Tax and Gift Tax Act

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of KRW 12,876,180 against the plaintiff on October 3, 2004.

The court's explanation on the instant case is identical to the reasoning of the first instance court's judgment, and thus, citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.