1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. C, a director of a stock company B (hereinafter “B”), acquired 4,500 shares of the Kd Forest Co., Ltd. (hereinafter “Kd Forest”) (hereinafter “Case 1 shares”), and on January 2, 2006, transferred 2,250 shares out of the above shares under the name of the Plaintiff.

On May 25, 2006, the Plaintiff transferred the 1st share to B in KRW 78.75 million. On May 30, 2006, the Plaintiff participated in the third party’s allocation of capital increase with capital increase and acquired B’s 243,975 shares (hereinafter “instant 2 shares”) in KRW 78.7 billion.

B. On October 19, 2009, the Daejeon Regional Tax Office: (a) conducted a general consolidated investigation of B’s corporate tax, etc.; (b) confirmed that C was the actual owner of the issues 1 and 2 stocks; and (c) notified the competent tax authority of the imposition of gift tax pursuant to the constructive gift of title trust under Article 45-2 of the Inheritance Tax and Gift Tax Act (hereinafter “Capital Tax Act”) on the Plaintiff.

C. On February 16, 2010, the Defendant assessed the key one share as KRW 0,384,000,000,000,000 for KRW 207,656,570 (including additional tax, KRW 76,11,804) based on the constructive gift of title trust with respect to the acquisition of the key two shares on May 30, 2006 by the Plaintiff.

(hereinafter “instant disposition”) D.

On April 24, 2012, the Plaintiff appealed to the Tax Tribunal, but was dismissed on April 24, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the Plaintiff transferred the first shares to B, and received shares by participating in B’s third party’s share offering with the transfer price, and thus, the said shares are merely the modified shares of the first shares.

Therefore, the capital increase with new stocks issued on May 30, 2006 cannot be viewed as a new title trust separate from the title trust held on January 2, 2006, and there is no possibility of additional tax avoidance.