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1. The Defendant’s disposition of imposition of gift tax amounting to KRW 748,492,880 against the Plaintiff on February 25, 2012 is revoked.
2...
Reasons
1. Details of the disposition;
A. On July 6, 2006, the Plaintiff, B, C, D, E, F, and G concluded a contract for acquisition of stocks and management rights (hereinafter “instant acquisition agreement”) to transfer the total amount of KRW 200,000 shares issued by Daluria to KRW 3,00,000 (hereinafter “Daluri”) with Daluri Co., Ltd. (hereinafter “Daluri”) as shareholders of the unlisted company (hereinafter “Daluri”). Of them, the Plaintiff’s shares were KRW 112,00 per share price of KRW 17,50 per share (basic unit price of KRW 11,804,000, KRW 5,696), and the total price of KRW 1,960,000 (=1,960,000, KRW 1000,000,000) x KRW 10050).
B. On May 31, 2007, the Plaintiff received 1,960,00,000 won for the above shares from the Human Fee loan, and reported and paid KRW 189,170,000 for the capital gains tax on the above shares.
C. According to the supplementary assessment methods prescribed by the former Inheritance Tax and Gift Tax Act (amended by Act No. 8828, Dec. 31, 2007; hereinafter “former Inheritance Tax Act”), the director of the Central Regional Tax Office of Central Tax Office, from May 26, 2011 to October 12, 201, conducted a tax investigation with the Plaintiff, and notified the Defendant, who is the tax authority, of the relevant taxation data, by deeming that the Indianism’s share value is 360 won per share, even though it is merely 360 won per share, without good cause.
Accordingly, pursuant to Articles 35(2), 60(1) and (3), and 63(1)1(c) of the former Inheritance Tax and Gift Tax Act, and Articles 26(5) through (7), 54, and 56(1)1 of the former Enforcement Decree of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 20621, Feb. 22, 2008; hereinafter “former Enforcement Decree of the Inheritance Tax and Gift Tax Act”), the Defendant deemed that the Plaintiff received gift tax of KRW 1,619,680,00 [(17,500 - 360 won] ¡¿ 112,00 - 300,000,000,000] as donation from the human seal pursuant to Article 56(1)1 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (hereinafter “instant disposition”).